Rajasthan High Court - Jaipur
Surya Prakash Parihar vs State Of Raj & Anr on 21 August, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.5750/2011. Surya Prakash Parihar Vs. State of Rajasthan & Ors. Date of Order :- August 21, 2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri R.N. Mathur, Senior Advocate with Shri Kapil Bardhar for the petitioner. ****** BY THE COURT:-
This writ petition has been filed by the petitioner challenging the order of penalty dated 13/10/2008 (Ann.3) by which his two annual grade increments without cumulative effect were withheld and the order dated 19/5/2009 (Ann.2) by which appeal was dismissed by the appellate authority and the order dated 11/3/2011 (Ann.1) by which his review petition was dismissed by the reviewing authority. Petitioner was served with the memorandum of charge sheet under Rule 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 on the charge that when he was posted as Secretary Krishi Upaj Mandi Samiti vide order dated 26/8/2008, he did not join the place of posting and thus violated Rules 5 & 8 of the Rajasthan Civil Services (Joining Time) Rules, 1981. Petitioner was posted at Krishi Upaj Mandi Samiti, Ajmer. He was relieved on transfer on 2/7/2008 as per joining rules and he was to report at the new place of posting at Banswada on 15/7/2008. He however did not join the new place of posting for a petty long time and finally joined on 11/8/2008. The disciplinary authority has examined the representation/reply. According to the learned counsel for petitioner, joining time was 15 days but petitioner submitted an application on 14/7/2008 to the Assistant Director to sanction leave from 15/7/2008 to 27/7/2008 on the ground of illness of his father, who was suffering from paralysis. He then submitted another application for extension of leave on 27/7/2008 from 28/7/2008 to 2/8/2008. Yet another application was submitted on 3/8/2008 for extension of leave from 3/8/2008 to 8/8/2008. Assistant Director Agriculture Marketing, Jaipur forwarded these applications to the Director Agriculture Marketing Jaipur on 13/8/2008. Petitioner however joined the new place of posting at Banswara on 11/8/2008.
Learned senior counsel cited the judgment of Supreme Court in Bhagwan Lal Arya Vs. Commissioner of Police Delhi & Ors. (Civil Appeal No.1625 of 2004 arising out of SLP(C) No.14614 of 2002 decided on 16/3/2004 and argued that penalty of stoppage of two annual grade increments without cumulative effect is disproportionate to the gravity of the charge. He also cited the judgment of this Court in Ashok Kumar Solanki Vs. State of Rajasthan & Ors. (SBCWP No.1973/1999) decided on 25/4/2001 to argue that for want of charge of absence found proved, withholding of two annual grade increments without cumulative effect is disproportionate to the charge.
I am afraid, neither of these judgments can be applicable in the present case because penalty is of withholding of two annual grade increments without cumulative effect and it appears that petitioner has remained posted at Ajmer for some time but when he was relieved for Banswara, he resisted his transfer and did not join for some time. Applications for leave and extension thereof were submitted at a belated stage. All these aspects have been examined by the disciplinary authority in its order and passed a detailed order after applying its mind. The reviewing authority has also dismissed the review on justified grounds. There is no infraction of rule or otherwise any illegality. This court cannot go into inadequacy or otherwise of the evidence so as to arrive at a different conclusion than arrived at by the disciplinary authority.
I do not find any error in the impugned order. The writ petition is accordingly dismissed.
(MOHAMMAD RAFIQ), J.
anil/24 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum JW IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.
O R D E R S.B. CIVIL MISC.STAY APPLICATION NO.5218/2011.
IN S.B. CIVIL WRIT PETITION NO.5750/2011.
Surya Prakash Parihar Vs. State of Rajasthan & Ors.
Date of Order :- August 21, 2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri R.N. Mathur, Senior Advocate with Shri Kapil Bardhar for the petitioner. ****** BY THE COURT:-
Consequent upon disposal of the petition itself, this stay application does not survive and the same is accordingly rejected.
(MOHAMMAD RAFIQ), J.
anil/24 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum JW