Govind Mathur, J. - (1.) This petition for writ is directed against the order dt. 09.09.2002 (Annexure-6) passed by the Secretary, District Establishment Committee, Rajasthan imposing a penalty of stoppage of one annual grade increment with cumulative effect and also the order passed by the District Establishment Committee affirming the order aforesaid.
(2.) The contention of learned counsel for the petitioner is that the penalty of stoppage of annual grade increment with cumulative effect amounts to penalty that is reduction in rank and such penalty can not be imposed without supplying a copy of the inquiry report to the delinquent employee being an adverse material used by the disciplinary authority. It is also contended by learned counsel for the petitioner that the order impugned dt. 09.09.2002 is an unreasoned and non-speaking order, it nowhere discloses the reasons for penalizing the petitioner by a major penalty. Despite service nobody has put in appearance on behalf of the respondents.
(3.) The order impugned dt. 09.09.2002 is bad being absolutely nonspeaking and un-reasoned order. It is well settled that the reasons carries objectivity, and therefore, the disciplinary authority while imposing a penalty is required to pass a speaking and reasoned order. The order impugned only mentions that the inquiry officer found the petitioner guilty, and therefore, he deserves to be subjected by a penalty. Such an approach is contrary to the settled principle of law that an order imposing penalty must be speaking and reasoned one and it is not so then the violation of principles of natural justice is obvious.;