1988 Supreme(Raj) 705
RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.B.Sharma, I.S.Israni, JJ.
Jagdish Chand Agrawal - Appellant
Versus
State of Rajasthan and Ors. - Respondent
D.B. Civil Writ Petition No. 2568 of 1988.
Decided On : 11-08-1988
Imposition of penalty under Rule 17 of the Rules requires holding an enquiry under Rule 16, and the penalty of stoppage of two grade increments with cumulative effect is considered a major penalty.
Headnote:
Penalty - Rule 17 of Rajasthan Civil Services (CC & A) Rules, 1958 - Imposition of penalty of stoppage of two grade increments with cumulative effect - Court held that it is a major penalty and can only be inflicted after holding an enquiry under Rule 16 in accordance with the Rules.
Fact of the Case:
The Director, Agriculture Department, Rajasthan, imposed a penalty of stoppage of two grade increments with cumulative effect on the petitioner without holding an enquiry under Rule 16.
Finding of the Court:
The court found that the penalty imposed was a major penalty and could only be inflicted after holding an enquiry under Rule 16 in accordance with the Rules. The court also observed that the competent authority was not aware of the law laid down by the court and ordered the setting aside of the Director's order.
Issues: Imposition of penalty under Rule 17 of the Rules without holding an enquiry under Rule 16.
Ratio Decidendi: The penalty of stoppage of two grade increments with cumulative effect is a major penalty and can only be inflicted after holding an enquiry under Rule 16 in accordance with the Rules.
Final Decision: The writ petition was allowed, and the court set aside the Director's order, allowing him to take a fresh decision in accordance with the rules if he deems proper.
JUDGMENT
1. 1. We have given notice of this writ petition to the learned Dy. Govt. Advocate. Though. no appeal has been filed by the petitioner against the order Annexure 4 dated 17.5.88 and a remedy of appeal is available in Rajasthan Civil Services (CC & A) Rules. 1958 (for short the Rules), we are of the opinion as the question as to whether any penalty of stoppage of annual grade can be inflicted under Rule 17 of the Rules is no longer resintegra so far as this Court is concerned, we have entertained the writ petition.
2. The Director, Agriculture Department, Rajasthan, Jaipur, under Rule 4 has imposed a penalty of stoppage of two grade increments with cumulative effect on the petitioner holding an enquiry under Rule 17 of the Rules. The law is settled that so far as the penalty of stoppage of two grade increments with cumulative effect is concerned, it is a major penalty and can only be inflicted after holding an enquiry under Rule 16 in accordance with the Rules. We may observe that this Court laid down the law as far back as on May 24, 1984 (See 1987 (1) RLR 346) that with-holding of one grade increment with cumulative effect is a major penalty but the competent authority i.e. the various officers of the State Govt are not aware of the law laid down by this Court and orders after orders are coming before us wherein withholding of two grade increments with cumulative is being imposed. So far as the posts of Legal Assistants have been provided in each of the departments and we presume that there must be a post of Assistant Director of Agriculture. It will be better if before taking any action, the legal opinion would have been called as to whether a penalty of stoppage of annual grade increment with cumulative effect is a major penalty or minor penalty. Be that it may, the order of the Director, cannot be allowed to stand.
3. Consequently, we allow the writ petition, set aside the order dated 17.5.88, of the Director, Agriculture. However, it shall be open for him to take fresh decision in accordance with the rules, if he so deems proper,Cost made easy.Petition allowed.
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