- (1.) Counsel for the petitioner has argued vehemently that the order passed by the disciplinary authority as well as by the appellate authority, by which, his one grade increment has been stopped without cumulative effect under Rule 17 of the Rajasthan civil Service (Classification, Control & Appeal) Rules, 1958 (hereinafter referred as 'the Rules of 1958') is not in accordance with law and has been illegally passed.
(2.) Counsel for the petitioner has canvassed before this Court that the petitioner was unwell and had submitted medical certificates as well as documents from Medical Board constituted at his own request to show that he had remained hospitalised at Nagaur and was, therefore, unable to attend duties and also filed reply to the charge sheet issued to him under Rule 17 of the Rules 1958.
(3.) Counsel for the respondent, however, has pointed out that an ample opportunity was given to the petitioner. It is further submitted that even if it is taken that at the stage of disciplinary authority, the petitioner could not make his submissions, the appellate authority has given an ample opportunity and has actually taken into consideration each and every submission raised by the petitioner and has given findings independently and no further interference is called for. It is further submitted that this Court would not substitute its opinion to that of the opinion of the disciplinary authority/appellate authority.;