ORDER :

1. The petitioner herein, inter alia, has twofold grievance i.e. (i) the impugned order dated 14.12.2001 (Annexure-P/18), proposing to cause recovery from him, ostensibly for causing loss to the department, was issued by an official not competent in law, and in any case, it is in violation of the applicable service Rules; (ii) without issuing any punishment order or providing an opportunity to the petitioner to contest the punishment, an adverse entry cannot be made in the petitioner's service book imposing a punishment of stoppage of two annual increments with cumulative effect.

2. Relevant facts of the case are as follows:

2.1 The petitioner was working as Village Level Worker -cum-Secretary (a class-III post) of Gram Panchayat Sakdar. A charge-sheet dated 31.05.1996 (Annexure-P/1) was issued to the petitioner by the Vikas Adhikari, Panchayat Samiti. Allegation against him was of misappropriation of money qua an incident, of year 1993-94. Charge sheet was issued under the Rajasthan Panchayat Samiti and Zila Parishad Rules, 1961 (referred to as ‘Rules of 1961’).

2.2 An audit was conducted on 20.04.1994, when the petitioner was posted at Gram Panchayat, Sarota. No objections we