##PAGE1##

[2026:RJ-JP:4110]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 3392/2006

Mahavir Prasad Jain S/o Shri Kapoor Chand Jain, aged about 50

years, resident of 2/103. Shivaji Nagar, Housing Board, Sawai

Madhopur Raj.

----Petitioner

Versus

1. State Of Rajasthan Through Principal Secretary To The

Government, Revenue Department, Government Of,

Government Secretariat, Jaipur Raj.

2. Commissioner, Land Settlement Department, Government

Of Rajasthan, Jaipur Raj.

----Respondents

For Petitioner(s) : Mr. Ajay Gupta, Adv.

For Respondent(s) : Mr. Umesh Chaudhary, Adv. &

Ms. Vijay Laxmi, Adv. for

Mr. Vidyadhar Gathala, AGC

HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

29/01/2026

1. By way of filing this writ petition, the petitioner has

challenged legality, validity and propriety of penalty order dated

28.05.2004, whereby penalty of withholding two grade increments

without cumulative effect has been imposed upon the petitioner.

He has further challenged order dated 20.07.2005, whereby

appeal filed by the petitioner against the penalty order has been

rejected.

2. Brief facts giving rise to the present writ petition are

that the petitioner was initially appointed as Amin in the

Settlement Department. He was transferred to Sawai Madhopur in

(Uploaded on 31/01/2026 at 12:03:13 PM)

(Downloaded on 15/02/2026 at 06:35:33 AM)

[2026:RJ-JP:4110] (2 of 12) [CW-3392/2006]

the year 1988. As the petitioner traced irregular and illegal

activities of one Shri Prem Chand Saini as ASO, he lodged one

complaint dated 26.09.2001 against Shri Prem Chand Saini before

Land Settlement Commissioner Rajasthan, Jaipur. Annoyed by

such complaint, Shri Prem Chand Saini concocted story of

misbehaviour by the petitioner on 22.09.2001 and on the basis of

complaint made by Shri Prem Chand Saini one charge-sheet under

Rule 16 of Rajasthan Civil Services (Classification, Control and

Appeal) Rules, 1958 was served upon the petitioner containing as

many as two charges. First charges was that on 22.09.2001 the

petitioner by force prevented Shri Prem Chand Saini from

attending a meeting and also pressurized him to put his signatures

over an irregular record. Only after intervention of other Amins,

the petitioner came out of the chamber of Shri Prem Chand Saini.

Charge No.2 was that on 25.09.2001 when Shri Prem Chand Saini

was doing some preparation in the office along with Shri Beerbal

Meena Inspector, the petitioner rudely entered into his chamber

and demanded for a receipt of a record and after misbehaving

with him he broke the paper weight lying on the table of Shri Prem

Chand Saini. Hearing the noise, the other Land Record Inspector

came to the site and took the petitioner out of chamber of Shri

Prem Chand Saini.

3. The petitioner filed reply to the charge-sheet, wherein

he categorically denied the charges and narrated the same to be

false and malicious. He also stated that similar charges as

contained in charge-sheet dated 08.05.2002 have also been made

part of one another charge-sheet dated 22.04.2002 and,

(Uploaded on 31/01/2026 at 12:03:13 PM)

(Downloaded on 15/02/2026 at 06:35:33 AM)

[2026:RJ-JP:4110] (3 of 12) [CW-3392/2006]

therefore, for one act, two different parallel enquiries cannot be

initiated by the respondents.

4. Feeling dissatisfied, the Disciplinary Authority appointed

Enquiry Officer for conducting enquiry. After concluding the

enquiry, the Enquiry Officer submitted a enquiry report on

18.06.2003. Copy of report was served upon the petitioner with a

notice to submit representation, against the report of Enquiry

Officer. The petitioner submitted a representation in order to assail

the findings given by the Enquiry Officer and, thereafter, the

Disciplinary Authority passed the penalty order dated 28.05.2004,

whereby penalty of withholding two grade increments without

cumulative effect was imposed upon the petitioner. Feeling

aggrieved, the petitioner filed departmental appeal, however, the

same was also dismissed by the Deputy Secretary, Revenue

Department of Government of