1. - The only point involved in the present writ petition is as to whether the with-holding of two grade increment with cumulative effect is a major penalty or a minor penalty and in case it is held to be major penalty, then as to whether the same can be awarded under Rule 17 in place of Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958.

2. The learned counsel for both the parties do not dispute that petitioner was holding the post of Gram-Sewak-cum-Ex-officio- Secretary, Gram Panchayat Arain, Panchayat Samiti Arain, District Ajmer and he was served with a charge-sheet under Rule 17 of the Rajasthan Civil Service (CCA) Rules, 1958, wherein minor penalties can be awarded. However, the disciplinary authority i.e. Chief Executive Officer, Zila Parishad, Ajmer, who was not satisfied with the reply of the petitioner, awarded penalty of with-holding of two grade increment with cumulative effect vide order dated 15th February, 2003.

3. The submission of learned counsel for the petitioner is that with-holding of two grade increments with cumulative effect is major penalty as held by the Division Bench of this Court in the case of Krishna Dutta