The intentional nature of delinquent acts and the proportionality of the penalty in relation to the gravity of proven charges.

Ajay Rastogi, J.-These two petitions being filed by one and same petitioner, involving common question of facts & law, at joint request of parties, are being disposed of by this common order.

2. In both the petitions, petitioner has been inflicted with the penalty of removal from service in two separate disciplinary inquiries initiated against him.

3. Common Facts, in a narrow compass are that petitioner, who is a member of Scheduled Tribe, was appointed as LDC on 20.01.1970 by Collector, Barmer, where he was declared surplus on 25.08.1970 and absorbed in Department of Border Home Guards vide order dated 26.08.1970 and thereafter transferred to Collectorate Alwar in 1973, and on his request was transferred to Jaipur in 1974 and was confirmed as LDC vide order dated 30.08.1983.

4. Facts giving rise to each of petitions, in brief , are stated thus-

CWP 2683/1993

A charge-sheet (Annexure-1) dated 111.1988 under Rule 16 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, ("CCA Rules") for his delinquency allegedly committed during his posting as LDC under Executive Magistrate, Kotputli at Shahpura during the period from 01.03.1982 to 10.07.1984 and whereby three charges were imputed against him. Allegation under first charge was that petitioner thrice availed encashment by surrender of 30 days PL instead of one time available in one block year i.e. 1982-1984. Second charge was that in his service book he interpolated in block year from 1982-1984 to "1978-1980". Third charge was that for punishment of stoppage of two annual increments with cumulative effect inflected upon him vide order dated 06.07.1979, by interpolation in service record, petitioner altered the penalty from "with cumulative" to "without cumulative" and in Hindi, "Sanchai" was made "Asanchai" by petitioner.

5. Petitioner submitted reply dated 07.01.1989 (Annexure-2) to the charge-sheet (Annexure-1) which was not accepted by disciplinary authority and, therefore, inquiry officer was appointed to examine charges imputed against him. In regular inquiry, he himself admitted the charges but made request that he was unaware of the same and accepted that he would not repeat such mistake in future, as is evident from his letter dated 27.08.1991 (Annexure-5) submitted to disciplinary authority. After regular inquiry, inquiry officer submitted his report while recording finding of guilt against petitioner, and sent it alongwith record of inquiry to disciplinary authority -a copy of inquiry report was furnished to petitioner, to which he confessed in reply (Annexure-5) and pleaded that mistake committed by him is bona fide and he would not repeat the same in future. After taking into consideration material on record of inquiry, disciplinary authority concurred with finding of guilt recorded by inquiry officer; so also after taking note of letter of his confession (Ann. 5) and keeping in view nature of charges which finally stood proved against him, the disciplinary authority inflicted penalty of dismissal from service vide order dated 03.09.1991 (Annexure-6), against which petitioner preferred appeal under Rule 23 of CCA Rules; but the appellate authority, after taking note of

submissions and taking into consideration record of inquiry, upheld finding of guilt by converting penalty of "dismissal" to "removal" from service vide order dated 20.03.1993 (Annexure-8) so that he may not be disqualified for future employment elsewehere. Hence, this petition.

CWP 3669/1999

6. Another charge-sheet (Annexure-1) dt.13.06.1989 under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, ("CCA Rules") for his delinquency allegedly committed during his posting as LDC under Executive Magistrate, Shahpura in Tehsil Office Jamwaramgarh during the period from 15.07.1985 to 15.05.1986 and whereby two charges were imputed against him. Allegation under first charge was that petitioner twice availed encashment by surrender of 30 days P