AMITAVA ROY, P.K.LOHRA
Special Judge (Essential Commodities Act Cases), Jodhpur – Appellant
Versus
Anand Swaroop Sharma – Respondent
Hon'ble LOHRA, J.—The appellants have preferred this intra-Court appeal against the impugned judgment and order dated 13th September 2012 passed by the learned Single Judge, whereby the writ petition of the respondent-petitioner was partly allowed and the penalty of compulsory retirement was altered and substituted by penalty of withholding annual grade increments with cumulative effect.
2. Stated in succinct, the factual matrix giving rise to this appeal is that while working as Lower Division Clerk in the office of first appellant, Special Judge (Essential Commodities Act Cases), Jodhpur, the respondent-petitioner was served with a memorandum and charge-sheet dated 20th of February 2010 under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for brevity, hereinafter referred to as 'the Rules of 1958'). In the charge-sheet, under mentioned three charges were attributed to the respondent.
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Union of India & Ors. vs. Narain Singh ((2002) 5 SCC 11) 5
State Bank of Bikaner & Jaipur vs. Nemichand Nalwaya ((2011) 4 SCC 584) 6
A.K. Kraipak & Ors. vs. Union of India & Ors. (AIR 1970 SC 150) 7
Arjun Chaubey vs. Union of India & Ors. (AIR 1984 SC 1356) 7
B.C. Chaturvedi vs. Union of India & Ors. (AIR 1996 SC 484) 7
State of Mysore vs. K. Manche Gouda (AIR 1964 SC 506) 7
Bhagat Ram vs. Himachal Pradesh & Ors. ((1983) 2 SCC 442) 10
Ranjit Thakur vs. Union of India & Ors. ((1987 4 SCC 611) 12
Om Kumar & Ors. vs. Union of India ((2001) 2 SCC 386) 15
Coal India Limited vs. Mukul Kumar Choudhari ((2009) 15 SCC 620) 16
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