JAGDISH BHALLA, MOHAMMAD RAFIQ
V. K. Gaur – Appellant
Versus
State of Rajasthan – Respondent
Hon'ble RAFIQ, J.—This appeal is directed against judgment of learned Single Judge dated 14.3.2005 dismissing thereby writ petition filed by petitioner-appellant. In writ petition, petitioner-appellant had challenged order dated 24.10.1992 by which penalty of stoppage of two annual grade increments without cumulative effect, was awarded to him and order dated 17.5.1994 vide which appeal filed by him against aforesaid order of penalty, was dismissed.
2. Appellant V.K. Gaur has appeared in person to argue his matter whereas no one has appeared from the side of respondents to oppose the appeal. The matter was nevertheless considered on its merits taking into account the arguments raised before learned Single Judge as well.
3. Shri V.K. Gaur, the appellant has argued that learned Single Judge erred in law in holding that opportunity of hearing envisaged in Rule 17(1)(c) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, `the CCA Rules'), cannot be claimed as a matter of right and it is left to discretion of disciplinary authority whether or not to grant such opportunity even if demanded by delinquent. It was contended that in present case,
G. Nageswara Rao vs. A.P.S.R.T. Corporation (AIR 1959 SC 308) 5
Ganpati Singhji vs. State of Ajmer & Anr. (AIR 1955 SC 188) 5
Capt. M. Paul Anthony vs. Bharat Gold Mines Limited & Anr. ((1999) 3 SCC 679) 6
G.M. Tank vs. State of Gujarat ((2006) 5 SCC 446 = RLW 2006(3) SC 2480) 6
State Bank of Hyderabad & Anr. vs. P. Kata Rao ((2008) 15 SCC 657) 6
Roop Singh Negi vs. Punjab National Bank ((2009) 2 SCC 570) 19
M.V. Bijlani vs.Union of India ((2006) 5 SCC 88) 19
Sahni Silk Mills (P) Ltd. vs. E.S.I. Corporation ((1994) 5 SCC 346) 20
M. Pentiah vs. Veeramallappa (AIR 1961 SC 1107) 21
Nasiruddin vs. Sita Ram Agarwal ((2003) 2 SCC 577 = RLW 2003(2) SC 315) 22
Union of India vs. A.K. Pandey ((2009) 10 SCC 552) 23
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