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2002 Supreme(Raj) 1371

K.S.RATHORE
Nisar Ahmed – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioner:Mr. G.K. Garg, Advocate.
For the Respondent:Mr. Satish Bijarnia for Mr. N.K. Maloo, Advocates.

JUDGMENT

1. - This present writ petition is directed against the order dated 28.11.1995 passed by the Department of Personnel, Government of Rajasthan by which a penalty of withholding one increment without cumulative effect has been inflicted upon the petitioner. Memorandum of Chargesheet dated 29.11.1991 (Annx.-2) was issued to the petitioner and the same was received by the petitioner on 16.1.1992. The memorandum of chargesheet was answered by the petitioner vide its reply dated 3.2.1992 (Annex.-3). After giving opportunity and considering the reply submitted by the petitioner the Inquiry officer has submitted his report on 28.6.1995 and copy of the inquiry report was also sent to the petitioner on 17.7.1995. In the month of September 1995 the representation against the finding given by the Inquiry Officer was submitted by the petitioner alongwith the written argument in support of his contention. After hearing the petitioner and appreciating the reply as well as the written argument the Disciplinary Authority vide its order dated 28.11.1995 imposed a penalty upon the petitioner for withholding one grade increment without cumulative effect. The writ petition was admitted on 2.4.
























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