- (1.) Heard learned counsel for the parties.
(2.) Disciplinary inquiry was initiated against the appellant under rule 17 of the Rajasthan Civil services (Classification, Control & Appeal) Rules, 1958 (for short "the CCA Rules"). The disciplinary authority on the basis of the inquiry report, imposed punishment of stoppage of four grade increments with cumulative effect on the appellant. However, the Divisional Commissioner, Kota , on appeal, converted the punishment into stoppage of five grade increments without cumulative effect vide order dated August 9, 1988. The appellant approached learned Single Bench under Article 226 of the Constitution but the writ petition was dismissed vide order dated January 12, 2000. The appellant has now come up before us assailing the afore-quoted orders.
(3.) At the out set we may notice that Rule 17 of the CCA Rules was amended on November 18, 1987 and clause (1)(aa) was incorporated 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) xx xx xx xx xx xx xx xx (aa) holding an inquiry in the manner laid down in Rule 16, in every case in which it is proposed to with-held increments of pay for a period exceeding three years, or with cumulative effect for any period or so as to aversely effect the amount of pension payable to him or in which the disciplinary authority is of the opinion that such inquiry is necessary.";