The disciplinary authority must record reasons for disagreeing with the findings of the enquiry officer.

1. 1. Prayer for quashing the orders dated 23rd August, 1996 (Annexure-8) and 30th Nov. 1996 (Annexure-9) has been made by the petitioner in the instant writ petition.

2. Contextual facts depict that the departmental enquiry under Rule 16 of the Raj. Civil Services (Classification, Control and Appeal) Rules, 1958 (for short the Rules of 1958) was initiated against the petitioner. As many as six charges were levelled against him. The charge sheet was issued against the petitioner on May 5, 1986 for various acts of negligence. The Additional Commissioner-I was entrusted with the departmental enquiry of the petitioner, who submitted his report after conclusion of the proceedings in the month of Jan. 1988. In the said report none of the charges had been established against the petitioner. It appears that the disciplinary authority proceeded to pass the order dated December 31, 1988 imposing a penalty of stoppage of three annual grade increments with cumulative effect. The petitioner filed a review petition on June 21, 1989 under Rule 34 of the Rules of 1958 against the order dated December 31, 1988. The Governor of Rajasthan vide order dated November 25, 1993 allowed the review petition and set aside the order of punishment and remanded the matter to the disciplinary authority to proceed further in the matter after furnishing reasons for disagreement with the finding of the enquiry officer. The petitioner submitted representation and thereafter on Feb. 7, 1995, the Department of Personnel respondent No.1 has sought comments on the said representation from the Rajasthan Housing Board. Vide letter dated June 19, 1996 the Rajasthan Housing Board furnished comments holding that there was no financial loss to the Board and the Board has already exonerated its officers, A. En. and J. En. who were working under the petitioner. The petitioner submitted writ petitions No. 1652 of 1988 and No. 2960 of 1990 pertaining to the departmental proceedings. Thereafter contempt petition was also filed by the petitioner in this court on August 8, 1996. On August 23, 1996 the respondent No.1 in view of the directions issued by the Governor under Rule 34 of the Rules 1958 passed an order again punishing the petitioner imposing the penalty of stoppage of three grade increments with cumulative effect. The respondent No.1 also passed an order on November 30, 19% stating that in view of the punishment order dated August 23, 19% there was no need to hold the review DPC. The petitioner has assailed the aforesaid orders dated August 23, 1996 (Annexure-8) and November 30, 1996 (Annexure-9) in the instant writ petition.

3. The respondent submitted reply to the writ petition raising objection in respect of maintainability of the writ petition on the ground of alternative remedy of review before the Governor was not resorted by the petitioner. It has been averred that the reasonable opportunity was afforded to the petitioner. He was given personal hearing which he has acknowledged in his letter dated August 16, 1996 (Annexure R/1) and the impugned orders are neither illegal nor arbitrary. The disciplinary authority has right to disagree with the finding of the enquiry officer if he finds that the same are not supported by the material on record. The disciplinary authority had given cogent and detailed reasons for disagreement with the findings of the enquiry officer which runs into 10 pages. It was also contended that the scope of judicial review in respect of the impugned orders is restricted in such matters. Reliance was placed on U.P. S.R.T.C. and others v. Har Narain Singh and others, JT 1998 (7) SC 437 State of Punjab v. Dr. Harbhajan Singh Greasy, JT 1996 (5) SC 403 State of Tamil Nadu and Anr. v. S. Subramaniam, JT 1996 (2) SCC 114 State of Rajasthan v. M.C. Saxena, (1998)3 SCC 385 Managing Director ECIL v. B. Karunakar, (1993)5 SLR 532

4. I have reflected over the rival submissions and carefully scanned the material on record and case law cited bef