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2005 Supreme(Raj) 2601

AJAY RASTOGI
Ashok Kumar Pareek – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Babulal Gupta, for the Petitioner.
Mr. H.V. Nandwana, Dy. Government Advocate, for the Respondents. Decided in Favour of:
Petitioner

Judgment

Ajay Rastogi, J.-By Instant petition, petitioner has assailed validity of Order dated 16.04.1992 (Annexure 14) whereby he has been inflicted with penalty of stoppage of two grade increments with cumulative effect in disciplinary inquiry under Rule 16 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 ("CCA Rules") so also order dated 07.04.1993 (Annexure 16) whereby appellate authority rejected his appeal against impugned penalty.

2. Petitioner while working as Junior Supervisor (Handloom) submitted an application on 09.08.1990 for grant of optional leave on 13.08.1990, casual leave from 16.08.1990 to 18.08.1990 with permission to leave head quarter from 11.08.1990 to 19/08/1990 and as per which he was required to resume back on duty on 19.08.1990 but because of illness he resumed duty on 111.1990. After he resumed duties, he submitted his sickness alongwith fitness certificates in support of his absence, so also copies of intimation sent by him during absence period.

3. Due to alleged absence, petitioner was placed under suspension Under Rule 13 of CCA Rules vide order dated 210.1990 (Annexure ) and was served with charge-sheet dated 312.1990 (Anne




























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