Rajasthan High Court - Jaipur
Bhanwar Lal Chhapola vs State Of Raj And Anr on 25 January, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 15909/2011
Bhanwar Lal Chhapola S/o Late Shri Moti Lal Ji Aged about 48
years R/o House No.5415, Near Masjid Faradiya, Chokri
Ghatgate, Jaipur Rajsthan at present working as Statistical
Assistant, Aarthik Evam Sankhyiki Nideshalaya, rajasthan,
Jiapur.
----Petitioner
Versus
1. State Of Rajasthan through Principal Secretary, Aayojna
Vibhag, Govt. Secretariat, jaipur.
2. the Director, Aarthik Evam Sankhyiki Nideshalaya, Rajasthan,
Yojna Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)
----Respondent
For Petitioner(s) : Mr. Tanveer Ahmed, Adv.
For Respondent(s) : Mr. BL Avasthi, AGC.
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 25/01/2019 Petitioner by way of this writ petition challenges the order dated 29.08.2007by which he has been furnished with censure. The petitioner was charge-sheeted under Rule 17 of the CCA Rules with an allegation of not submitting application seeking causal leave before proceeding for the leave. An instance of 22 and 23 January, 2007 was mentioned in the charge-sheet dated 17.02.2007.
Reply was filed to the charge-sheet by the petitioner stating therein that for 22 and 23 January, 2007 he had submitted his explanation earlier on 23.01.2007 informing that he had proceeded for leave for looking after his mother who had (Downloaded on 05/06/2021 at 11:00:56 PM) (2 of 3) [CW-15909/2011] undertaken eye operation for which he had given oral information on 22.01.2007 and had submitted application for leave on 23.01.2007. In the reply it was stated that for the casual leaves taken in 2006, sanction had already been granted for the said leaves and adjustment have also been made. No explanation was sought from him for the year 2006 when leave was taken by him.
Learned counsel for the petitioner submits that on such grounds, to which the petitioner had already submitted an explanation and also submitted a detailed reply there was no occasion to punish the petitioner by way of censure. The order therefore is required to be set aside.
Learned counsel for the petitioner submitted that he has preferred a detailed appeal to the Appellate Authorities which was wrongfully rejected. The Review Petition preferred by him was also rejected. Learned counsel for the petitioner relies upon the Circular issued by the State Government with regard to the casual leave which points out that under Clause 15 thereto sanctioned for leave can be obtained later on.
Learned counsel appearing for the respondents has supported the impugned order and submitted that the punishment order has rightly been passed as what is required under the Rules is to submit an application at the time of proceeding for leave. Leave may be sanctioned later on. It is essential that the department authorities are informed before proceeding on leave. No proof has been placed to show that on 22.01.2007 information for seeking leave was given. The reply does not clearly reflect that application for seeking leave was submitted only on 23.01.2007. Keeping in view the above, punishment order has been passed. (Downloaded on 05/06/2021 at 11:00:56 PM)
(3 of 3) [CW-15909/2011] I have heard learned counsel for the parties and find that this Court cannot act as an Appellate Court. It is the decision making process which is only to be examined in judicial review. Petitioner was served with a charge-sheet under Rule 17 of the CCA Rules. He submitted a reply but nowhere asked for personal hearing. His reply has been considered by the disciplinary authority and taking into consideration the requirement of maintaining discipline in the office, order has been passed imposing penalty of censure. Discretion of the disciplinary authority, in ordinary course cannot be substituted by this Court and in the facts as noted above, I do not find any reason to interfere with the impugned order.
The writ petition is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J JKP/Aks/-131 (Downloaded on 05/06/2021 at 11:00:56 PM) Powered by TCPDF (www.tcpdf.org)