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S.B. CIVIL WRIT PETITION NO.3547/1997.
(BHANWAR SINGH VS. STATE OF RAJASTHAN & ORS.)
DATE OF ORDER : 11.02.2009.
HON'BLE MR. GOVIND MATHUR, J.
Mr. Rajesh Joshi for the petitioner.
Mr. Vijay Bishnoi for the respondents.
Under an order dated 28.06.1996, the Managing
Director, the Rajasthan Tribal Areas Development Co-operative
Federation Ltd. after holding proceedings under Rule 17 of the
Rajasthan Civil Services (Classification, Control and Appeal)
Rules, 1958 imposed a penalty of withholding of two annual
grade increments without cumulative effect upon the petitioner.
The order aforesaid came to be affirmed by the appellate
authority, hence this petition for writ is preferred.
This Court by an order dated 19.09.1997 issued
notices to the respondents to explain the circumstances for
taking lenient view against the petitioner regarding imposition of
the penalty. Accordingly, a reply was filed, however, that was
not found satisfactory, thus, the Court admitted this petition for
writ on 06.11.2001.
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Heard learned counsel for the parties.
I have examined the order impugned and also the
other record available.
The authority competent has taken into consideration
all the aspects of the matter and also dealt with the explanation
tendered by the petitioner. As a matter of fact, a lenient view
was taken by the competent authority by initiating proceeding
for imposing minor penalty despite serious charges. No
interference with such an order is required. So far as
explanation desired from respondents regarding imposition of
penalty is concerned, it shall be suffice to mention that the
proceedings against the petitioner under Rule 17 of the Rules of
1958 were initiated and in those proceedings only a minor
penalty could have been imposed.
Accordingly, this petition for writ is dismissed.
(GOVIND MATHUR)J.
Anil/