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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

JAIPUR BENCH, JAIPUR

ORDER

SB Civil Writ Petition No.11936/2012

Chhitar Mal Dariya versus State of Rajasthan & ors

21.9.2012

HON'BLE MR. JUSTICE MN BHANDARI

Mr HP Singh – for petitioner

BY THE COURT:

The petitioner has challenged order of punishment

dated 30.8.2011 at Annexure-16 so as the order dated 13.7.2012 at

Annexure-17.

The petitioner was served with the charge sheet and

on enquiry, charge was found proved. He was punished by the

disciplinary authority. On appeal preferred by the petitioner,

punishment was reduced by the appellate authority vide order

dated 30.8.2011.

Learned counsel for petitioner submits that there was

no shortage of liquor so as to hold petitioner to be guilty for the

charges levelled against him. In fact, he was not working on the

post and place at the relevant time thus charges were incorrectly

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held proved. The order of punishment is thus liable to be set aside

so as the consequential order quantifying the amount of recovery

from the petitioner. It is also stated that the amount of 50% of the

salary would be withheld towards recoverable amount and if the

entire amount is not rec