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1987 DIGILAW 783 (RAJ)

J. K. Sharma v. State of Rajasthan

1987-10-14

P.C.JAIN, S.C.AGRAWAL

body1987
JUDGMENT 1. - In this writ petition, the petitioner has challenged the disciplinary proceedings that have been initiated against him under Rule 16 of the Rajasthan Civil Services (Classification. Control & Appeal) Rules, 1958 (hereinafter referred to as 'the CCA Rules') on the basis of the memorandum (Annexure-1) dated 13th August, 1986. 2. We have heard Shri S K. Tiwari, the learned counsel for the petitioner and have perused the writ petition and the documents ?led herewith. TFe main grievance of Dr. Tiwari is that the subject matter of the charge relates to the year 1975 and that the charge-sheet has been issued after I I years in the year 1986 and that even though the petitioner has submitted a reply to the charge-sheet long back, no order has been passed either to drop the disciplinary proceedings or to appoint an Enquiry Officer under Sub-rule (4) of Rule 16 of the CCA Rules. It has also been submitted by Shri Tiwari that as a result of the pendency of the said proceedings the petitioner will be denied promotion to the higher post and that he is due to retire in 1992, 3. We do not wish to go into the merits of the charges which are levelled against the petitioner in the charge-sheet served on him. We, however, feel that the necessary decision on the basis of the reply submitted by the petitioner to the charges should be taken by the competent authority expeditiously in accordance with Sub-rule (4i of Rule 16 of the CCA Rules and in case it is decided to proceed further with the disciplinary proceedings and to hold an inquiry into the said charges, the said proceedings should be completed within a reasonable period. 4. Therefore, while dismissing the writ petition it is directed that the appropriate authority will take necessary decision on the basis of the reply submitted by the petitioner to the charges and pass an appropriate order under Sub-rule (4) of Rule 16 of the CCA Rules either to withdraw the proceedings or to appoint the Inquiry Officer within a period of two months and in case it is decided to hold an inquiry into the charges the said proceedings should be completed within a period of one year. With these observations the writ petition is dismissed.Petition dismissed. *******