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1998 Supreme(Raj) 1361

SHIV KUMAR SHARMA
Rajendra Prasad Kedia – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

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













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