!! 1 !!
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
:ORDER:
S.B. CIVIL WRIT PETITION NO.3130/2011
(Uttam Singh Vs. State of Raj. & Ors.)
Date of Order :: 19.05.2011
PRESENT
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. P.R. Singh, for the petitioner.
——–
Heard learned counsel for the petitioner.
The brief facts of the case are that the petitioner was
charge-sheeted for willful absence from duty and in the regular
inquiry held against the petitioner, the misconduct of the
petitioner was proved. The disciplinary authority by accepting
the report of inquiry officer passed impugned order dated 31st
December, 2004; whereby, the penalty of withholding three
grade increments with cumulative effect has been imposed.
Against the order of punishment dated 31st
!! 2 !!
December, 2004 passed by the Superintendent of Police, Sirohi
an appeal was preferred by the petitioner but the appellate
authority rejected the appeal vide order dated 04th April, 2006
(Annexure-8). The petitioner further preferred a review
petitioner before His Excellency the Governor that too was
rejected vide order dated 07th July, 2009.
Meaning thereby, there is concurrent finding of all
three authorities with regard to misconduct committed by the
petitioner for willful absent from duty, therefore, it is not a fit
case to interfere in the concurrent finding of fact under Article
226 and 227 of the Constitution of India.
In my opinion, the punishment imposed against the
petitioner is appropriate and no interference is warranted.
Hence, the writ petition is hereby dismissed.
(GOPAL KRISHAN VYAS), J.
AKC/-