JUDGMENT :

ANAND SHARMA, J.

1. By way of filing this writ petition, the petitioner has challenged penalty order dated 03.01.2013 issued by the Secretary (Administration), whereby penalty of withholding one grade increment without cumulative effect has been imposed upon the petitioner. He has also assailed the order dated 25.07.2014, whereby appeal filed by the petitioner against the penalty order has also been rejected.

2. Briefly stated facts of the case are that the petitioner was initially appointed on the post of Junior Engineer (Grade-I) in erstwhile Rajasthan State Electricity Board and was further promoted on the post of Assistant Engineer on 02.05.1998. On disbundling of erstwhile RSEB, the petitioner was transferred to respondent-Jaipur Vidyut Vitran Nigam Limited (JVVNL).

3. One memorandum/charge-sheet was issued to the petitioner on 01.03.2012 leveling allegations of committing irregularities as well as making an attempt to cause heavy financial loss to the respondent-Corporation. As per the memorandum/charge-sheet dated 01.03.2012, although the old/unutilized/scrap G.I. wire was to be auctioned, yet instead thereof new wires weighing 1465 Kg were loaded in a truck for the purpose of taking away in the garb of scrap wire and thus, it was an effort to inflict financial harm to the Corporation which has happened on account of dereliction of duties by the petitioner and since, this incident was also published in daily newspaper Rajasthan Patrika, therefore, reputation of respondent-Nigam has also been lowered down. The aforesaid memorandum was issued under Regulation No.6 of Jaipur Discom Employees (CCA) Regulations, 1962, which was meant for initiating proceedings for imposing minor penalty.

4. Reply of memorandum/charge-sheet was filed on behalf of the petitioner, in which he categorically denied the charges and it was mentioned in the reply that although, as main store in- charge, directions were given by the petitioner to the store clerks/helpers for loading the scrap, however, without there being any knowledge of the petitioner, at their own new wires were loaded in the truck. It was submitted that in case, any irregularities have been committed by the store keeper/clerk/ward keeper, then, that has been done behind the back of the petitioner who was not there at the time of loading of the truck. It was further stated that the petitioner is physically disabled person and faces difficulty in standing at a place for a longer time. Since, loading of the truck of the said wires were to take time and it was done in late evening in December during darkness, the petitioner was not there for physically verifying the bundles of wires. It was also mentioned that as soon as he came to know with regard to irregularities, he himself took action for stopping such irregularity and the new bundles of wires were placed at proper place. By mentioning such facts, he prayed for dropping the disciplinary enquiry and to exonerate him.

5. Thereafter, penalty order dated 03.01.2013 was passed by the Secretary (Administration), whereby the penalty of stoppage of one annual grade increment without cumulative effect was imposed upon the petitioner. Penalty order dated 03.01.2013 is hereby reproduced:-

“A charge sheet under Regulation 6 of the Employees (CC&A) Regulations 1962 was served upon Shri Rajesh Kumar Tiwari, AEN vide memorandum No.JPD/Admn./Eng./FC-1871/D.606 dated 01.03.2012. He was alleged that while working as ACOS(O&M), Jaipur Discom, Alwar, he failed to discharge his duties in right manner and has been alleged for unauthorise delivery of new G.I. wire bundles weighing 1465 Kg. Of scrap materila to M/s Lalaram Mohalla Khadana, Alwar, auctioned in Circle Stores, Alwar on 22.12.2011 (Night) as indicated in detail in the statement of allegations served upon him. He furnished his reply, explained his position and denied the allegations. He was given an opportunity of personal hearing by the Disciplinary Authority-CMD on 26.12.2012.

After ca