- (1.) This special appeal is directed against order dated 18.2.09 passed by the learned Single Judge of this court , whereby the writ petition preferred by the respondent assailing the validity of order dated 12.8.95 imposing penalty of reduction of pay by two stages as a result of disciplinary proceedings under Rule 16 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 ( in short the CCA Rules hereinafter), has been allowed and accordingly, the order impugned imposing the penalty as aforesaid, stands quashed.
(2.) The respondent, a member of Rajasthan Agriculture Service was charge sheeted for allotting the shops/godowns in the Mandi area in violation of the circulars issued by the State Government and the Directorate, Department of Agriculture, in the year 1987-88 when he was posted as Secretary, Krishi Upaj Mandi Samiti, Beawar. The respondent denied the charges and therefore, a regular enquiry under Rule 16 of the CCA Rules was conducted by the Enquiry Officer appointed by the Disciplinary Authority vide order dated 16.5.95.
(3.) After completion of the enquiry, the Enquiry Officer submitted the enquiry report wherein, the respondent was found guilty of making irregular temporary allotment of the shops in defiance of the procedure laid down by the State Government by issuing various circulars/orders. However, the Enquiry Officer recorded the categorical finding that on account of the temporary allotments made, the income of the Mandi Samiti has been augmented and the shops and godowns were protected from being damaged/misused. That apart, the Enquiry Officer found that the orders of temporary allotment were issued in favour of the allottees by the respondent after approval of the Administrator, Krishi Upaj Mandi Samiti.;