A. K. MATHUR, J. - (1.) THE petitioner by this writ petition has challenged the order of the Additional Registrar, Rajasthan High Court, Bench, Jaipur dated 5. 2. 1985 (Annex. 1) whereby he was given a 'recorded warning' to be care-ful in future and he has also challenged the order of the Chief Justice whereby his appeal was rejected.
(2.) THE brief facts giving rise to this writ petition are that the petitioner was posted as Senior Bench Reader at Jaipur Bench. On 17. 11. 1984 at 3. 30 P. M when the Additional Registrar went for the round he found that the petitioner was not on his seat, therefore on 19. 11. 1984 a memo was issued to the petitioner to' explain within 3 days that why he was not available at that time on his seat. THE petitioner received this memo on 30. 11. 1984, but he did not submit any reply. After that under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the Rules of 1958') read with Rule 13 of the Rajasthan High Court (Conditions of Services of Staff) Rules, 1953 (hereinafter called the Rules of 1953) was issued to the petitioner on 19. 12. 1934 with the direction to submit his explanation within 10 days from the date of receipt of the memo. THE petitioner submitted his explanation on 2. 1. 1985. THE Additional Registrar after going through the explanation submitted by the petitioner did not find it satisfactory and it was observed that the petitioner has not been able to point out that in what matter he went to cause list section for service work. So he gave a recorded warning to be careful in future. THE petitioner appears to have filed an appeal which was rejected vide order dated 7. 1. 1987 (Annex. 3 ). Hence the present writ petition. Mr. Bhandari appeared personally and argued his case. He also sub-mitted written statements. We have heard Mr. Bhandari in person and gone through the written arguments. The respondents have also filed a reply justifying their action. Mr. Bhandari submitted that the Additional Registrar, Rajasthan High Court Bench, Jaipur is not competent to impose the penalty. In order to appre-ciate his argument, it may be relevant to mention here that at the time of crea-tion of a Bench at Jaipur the post of Additional Registrar for Jaipur Bench was created. The service conditions of the High Court employees are governed by the Rajasthan High Court (Conditions of Services of Staff) Rules, 1953. Rule 12 lays down that what penalties would be imposed. Rule 12 of the Rules of 1953 reads as under: - "12. Penalties:- The following penalties may, for good and sufficient reasons, be imposed by the Chief Justice or, subject to any special order of the Chief Justice, by the Registrar upon the persons serving on the staff attached to the High Court, namely: - (i) Censure; (ii) With holding of increment or promotion; (iii) Recovery from pay of the whole or part of any pecuniary loss caused to the Government by negligence or breach of any law, rule or order; (iv) Reduction to a lower service, grade or post, or to a lower time scale or to a lower stage in the time scale or in the case of pension to an amount lower than that due under the rules; (v) Compulsory retirement on proportionate pension; (vi) Removal from service which shall not be a disqualification for future employment; (vii) Dismissal from service which shall ordinarily be disqualification for future employment. Explanation:- The following shall not amount to penalty within the meaning of this rule : - (i) Non-promotion whether in a substantive or officiating capacity, after consideration of his case to a higher grade or post to which he is eligible; (ii) Reversion to a lower grade or post of a person officiating in a higher grade or post on the ground that he is considered after trial, to be unsuitable for such higher grade or post on administrative grounds unconnected with his conduct, (iii) Reversion to his permanent grade or post of a person appointed on probation during or at the end of the period of probation, (iv) Compulsory retirement in accordance with the provisions relating to his superannuation or retirement; (v) Termination of the service: (a) of a person appointed on probation during or at the end of the period of probation, (b) of a temporary person appointed otherwise than under contract on the expiration of the period of appointment, (c) of a person employed under an agreement in accordance with the terms of such agreement. " 6. The penalties have been enumerated and the procedure which is to be followed for imposing these penalties has been adopted as applicable to the Government servant of Rajasthan. Rule 13 clearly lays down that enquiry shall be conducted under the Rules framed by the State of Rajasthan. Rule 13 reads as under: - "13. Inquiries into conduct of members of Staff:- The rules or orders regulating inquiries into allegations against servants of the State Government shall apply with the necessary modifications and adaptations to inquiries into the conduct of members of the staff attached to the High Court. "
(3.) BY virtue of Rule 13, the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 have been adopted mutatis mutandis. Rule 12 at the out-set Jays down that the penalties shall be imposed by the Chief Justice for good and sufficient reasons. It further lays down that such penalties can be imposed by the Registrar also for good and sufficient reasons. It has also been laid down that the Chief Justice can issue a special order. The expression 'subject to any special order of the Chief Justice' empowers the Chief Justice that apart from imposing the penalties by himself and by the Registrar he can by special order authorise any other Officer also to impose the penalties. In this connection, learned counsel for the respondents has invited our attention to. an order passed by the Chief Justice way back on 11. 1. 1982 whereby the Additional Registrar, Rajasthan High Court Bench. Jaipur has been authorised to exercise the powers under Rule 17 of the Rules, 1958 in respect of the staff working at the High Court Bench, Jaipur. The order reads as under: - "rajasthan HIGH COURT, JODHPUR ORDER No. 1/s0. / Dated: 11. 1. 1982. The Additional Registrar, Rajasthan High Court Bench, Jaipur is also authorised to exercise the powers vested in the Registrar of this Court under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, in respect of Staff working at High Court, Bench Jaipur CHIEF JUSTICE" Rule 17 of the Rules of 1958 reads as under: - "17. Procedure for imposing minor penalties.- (1) No order imposing any of the penalties specified in clause (i) to (iii) of rule 14 shall be passed except after - (a) The Government servant is informed in writing of the proposal to take action against him and of the allegations on which it is proposed to be taken and given an opportunity to make any representation he may wish to make; (b) Such representation, if any, is taken into consideration by the Disciplinary Authority; (c) an opportunity of personal hearing is given by the Disciplinary Authority to the. Government servant to explain his case, if so desired by him, (d) the Commission is consulted in cases where such consultation is necessary. (2) The Record of proceedings in such cases shall include - i. a copy of the" intimation to the Government servant of the proposal to take action against him ; ii. a copy of the statement of allegations communicated to him ; iii. his representation, if any. iv. the advice of the Commission, if any; and v. the orders on the case together with the reasons therefor. " Rule 17 of the Rules of 1958 lays down that penalties mentioned in clauses (i) to (iii) of the Rule 14 of the Rules of 1958 are minor penalties, Rule 14 of the Rules 1958 runs as under: - "14. Nature of penalties: - The following penalties may, for good and sufficient reasons, which shall be recorded, and as hereinafter provided, be imposed on a Government Servant, namely:- - (i) Censure; (ii) withholding of increments or promotion; (iii) recovery from pay of the whole or part of any pecuniary loss caused to the Government by negligence or breach of any law, rule or order; (iv) reduction to a lower service, grade or post, or to lower time scale or to a lower stage in the time scale or in the case of pension to an amount lower than that due under the rules; (v) compulsory retirement on proportionate pension; (vi) removal from service which shall not be a disqualification for further employment; (vii) dismissal from service which shall ordinarily be a disqualification for further employment. Explanation (1) The following shall not amount to penalty within the meaning of this rule. (i) withholding of increments of a Government servant for failure to pass a departmental examination in accordance with the rules or orders governing the service or post of the terms of his appointment; (ii) stoppage of a Government servant at the efficiency bar in the time scale on the ground of his unfitness to cross the bar; (iii) non-promotion whether in a substantive or officiating capacity of Government servant, after consideration of his case, to a service, grade or post for promotion to which he is eligible, (iv) reversion to a lower service, grade or post of a Government servant, officiating in a higher service, grade or post on the ground that he is conside-red after trial to be unsuitable for such higher service grade or post or on administrative grounds unconnected with his conduct; (v) reversion to his permanent service, grade or post of a Government servant appointed on probation to another service, grade or post during or at the end of the period of probation in accordance with the terms on his appointment or the rules and orders governing probation; (vi) compulsory retirement of a Government servant in accordance with the provisions relating to his superannuation or retirement; (vii) termination of the services- (a) of a Government servant appointed on probation during or at the end of the period of probation, in accordance with the terms of his appointment or the rules and orders governing probation; or (b) of a temporary Government servant appointed otherwise then under contract on the expiration of the period of appointment; (c) of a Government servant employed under an agreement, in accordance with the terms of such agreement; (d) of a Government servant in the services of any of the integrating - units of Rajasthan, on non-selection or non-absorption for appointment in any of the Services of the integrated State of Rajasthan in accordance with the integration rules. "explanation.- (2) The discharge of a person appointed on ad-hoc or provisional basis to any of the posts in the integrated set-up of the Rajasthan Services otherwise than for reasons of non-selection or non-absorption to any such services or post in accordance with the integrated rules, shall amount to removal or dismissal as the case may be. Note.- The disqualification for future employment on account of dismissal under Rule 14 (vii) can only be waived by the Government if the merits of an individual case so justify. " As such the clauses (i) to (iii) of Rule 14 of the Rules of 1958 are pari materia with clauses (i) to (iii) of Rule 12 of the Rules of 1953 as reproduced above. As such the order dated 11. 1. 1982 shall be deemed to be an order under Rule 12 authorising the Additional Registrar, Rajasthan High Court Bench, Jaipur to exercise the power of imposing the minor penalties. Since Rule 13 of the Rules of 1953 says that the provisions of the Rules 1958 will be applicable mutatis mutandis to the Rules of 1953 and Rule 17 lays down the procedure for imposing minor penalties, thus, the Additional Registrar under the Rules of 1953 can pass any minor penalties by following the procedure given in Rule 17 of the Rules of 19-8. Thus, the contention of Mr. Bhandari does not appear to be well founded and it is rejected. Mr. Bhandari, has next contended that the 'recorded warning' is not a punishment as indicated in Rule 12 of the Rules of 1953 or Rule 14 of the Rules of 1958. It is true that the "recorded warning' is not a punishment as contemplated in either Rules of 1953 or the Rules of 1958. The 'recorded warning' though not a punishment under either of the two Rules, but it is an adverse entry against the incumbent. The expression 'censure' has been defined in Webster's Third New International Dictionary as under: - "censure: a judgment involving condemnation: a: spiritual chastisement by an ecclesiastical agency b: sentence of punishment by civil or military authority: adverse judgment, the act of blaming, finding fault with or condemning sternly, critical recension, expression of official disapproval, a resolution of a legislative body expressing disapproval of a government official; Censure: ESTIMATE, JUDGE: to form or pronounce an opinion on:, to find fault with and criticize adversely as blameworthy, with stern judgment: disapprove of or dispraise: to condemn with judicial sentence. " The expression 'censure' has been defined in the Concise Oxford Dictionary IInd Edition, which reads as under: - "censure: 1. Adverse judgment, expression of disapproval, reprimand. 2. v. t. Blame, criticize unfavourably, reprove; hence-" ;