JUDGMENT :

K.M. JOSEPH, J.

Leave granted.

Since both the appeals raise common issues, we dispose of the same by a common judgment.

(1) We take the appeal arising out of SLP (C)No. 32112 of 2016 as the leading case, i.e. Civil Appeal No. 2386 of 2022. The respondent herein was employed with the appellants and working in the cadre of Assistant Engineer. Disciplinary proceedings was taken against the respondent. Apparently, in contemplation of the disciplinary proceedings, the respondent was placed under suspension by an order in the year 1981. In the case of the respondent in the leading case, proceedings culminated in penalty of compulsory retirement. The respondent filed a civil suit. The civil Court granted relief by which the appellants were directed to consider the matter afresh. Fresh consideration resulted in the respondent being visited with the penalty of withholding of three grade increments with cumulative effect. The respondent carried the matter further in the departmental proceedings. Suffice is to say that in exercise of the power under Rule 34 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, an order came to be passed substituting the penalt