Opportunity of personal hearing under Rule 17(c) of CCA Rules cannot be claimed as a matter of right.

Ajay Rastogi, J.-By this writ petition, petitioner has challenged order dated 210.1992 (Annexure 12) of respondent No. 2, whereby in an inquiry under Rule 17 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 ("CCA Rules"), he has been punished with penalty of stoppage of two annual grade increments without cumulative effect, which too was affirmed by appellate authority vide order dated 17.5.1994 (Annexure 15).

2. Facts, in brief , are that petitioner, who was appointed in the RPS cadre after regular selection through RPSC in the year 1982 was confirmed in the year 1984. While he was posted as Deputy Superintendent of Police Srikaranpur (Sriganga Nagar) on 10.5.1986, FIR No. 53/86 (Annexure 2) was lodged by him, wherein he arrested one Mahadev Prasad Gupta and several other persons, who were causing wrongful obstruction during the course of police investigation. M.P. Gupta also lodged FIR No. 17/89 (Annexure 3) on 3.1989 at

P.S. Kesrisingh Pura alleging illegal arrest and wrong use of force by the petitioner on 10.5.1986. The matter was investigated by CID (CB), which gave final report dated 17.1.1991 (Annexure 5), for the incident of 10.5.1986, S.D.M. Srikaranpur made preliminary inquiry in which petitioner was also called, and after making inquiry, the SDM submitted his report to the State Government, and after taking note of the same, a charge-sheet (Annexure 8) was issued to the petitioner by respondent No. 2 under Rule 17 of the CCA Rules on 10.1988, and when no reply was given by petitioner, final opportunity was granted vide letter dated 33.1990 (Annexure 10), calling upon him to submit his reply and further opportunity of personal hearing was granted for which he may appear before the authority within 15 days on any working day, itself . The petitioner submitted his reply (Annexure 9) to the charge-sheet and after taking note of all of his submission made in reply (Annexure 9), disciplinary authority vide its order dated 210.1992 (Annexure 12) held him guilty of both the charges and punished him with penalty of stoppage of two annual grade increments without cumulative effect, and against aforesaid penalty order (Annexure 12), the petitioner preferred appeal (Annexure 14), which was also rejected vide order (Annexure 15) dated 17.5.1994 by appellate authority. Hence this writ petition.

3. Shri M.M. Mehrish, Counsel for petitioner has urged that the petitioner sought personal hearing as required under Rule 17 of CCA Rules and once personal hearing was sought by petitioner, the authority was under obligation to afford him such hearing, and this inaction on the part of respondents has caused prejudice to him. Counsel placed reliance on the decision of this Court in Harlal vs. State of Rajasthan, 1996 WLR (sic) 661 (Raj).

4. Shri Mehrish has further urged that in criminal case registered under Sections 147, 332, 353, 336 and 307, IPC, the petitioner has been acquitted by competent Court of jurisdiction vide Judgment dated 15.20002, therefore, the very finding recorded by respondents holding him guilty of the charges, in present facts situation, stands vitiated.

5. Shri Mehrish further submitted that copy of preliminary inquiry report of the SDM was not supplied to the petitioner, which was made to be basis for initiating disciplinary inquiry under Rule 17 of CCA Rules, which has also caused prejudice to him in making proper explanation to the charge-sheet before disciplinary authority, and the order of disciplinary authority is virtually non-speaking order, as it does not disclose material, on the basis of which the petitioner has been held guilty of the charges.

6. So far as order of appellate authority is concerned, Shri Mehrish, Counsel for the petitioner submitted that Rule 30(2) of CCA Rules has not been complied with and all objections pointed out by him in appeal were not properly considered by appellate authority, rather failed to examine it, which resulted in violation of princi