Honble SHARMA, J.–The petitioner in this writ petition has called in question the imposition of penalty of removal from service made by the respondents vide order dated January 15, 1992 (Annexure-1) and the appellate order dated 25rd October, 1996 (Annexure-3). (2). Proceedings under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal Rules 1958 (for short the Rules of 1958) were initiated against the petitioner while he was posted as Constable in S.R.P. Line Ajmer, Following two charges were framed against the petitioner. (1) That he remained absent from his duty without previous sanction or permission from Sept. 9, 1989 and appeared on December 13, 1990 after 468 days. (2) That he was in the habit of remaining absent from duty and earlier also his long willful absence from duty was declared as leave without pay. (3). Chargesheet was issued to the petitioner vide memo dated December 8, 1991 but the petitioner was granted time to file reply but he failed to submit any re- ply. After recording the statement of witnesses the Enquiry Officer submitted his report and the Disciplinary Authority passed the order dated January 15, 1992 (Annexure-1) removing the petitioner from service. Appeal preferred by the petitioner was also dismissed on October 23, 1996 (Annexure-3) by the appellate authority. Assailing the said orders the petitioner averred in the writ petition that whole enquiry proceedings is vitiated because no opportunity of hearing was afforded to the petitioner. Reply to the writ petition on behalf of respondents was filed with the averments that it is wrong to say that the petitioner was not afforded opportunity. The petitioner himself did not choose to file reply of the charge sheet and even he remained wilfully absent in the enquiry also. The order of punishment was rightly passed. (4). I have reflected over the rival submissions and carefully scanned the material on record. (5). A look at the material on record demonstrates that the petitioner himself was negligent in not taking part in enquiry proceedings and it is well settled propo- sition of service jurisprudence that when a person himself remained absent from participating in the departmental enquiry despite knowledge of it, he cannot afterward say that the proceedings are vitiated. (6). (5). A look at the material on record demonstrates that the petitioner himself was negligent in not taking part in enquiry proceedings and it is well settled propo- sition of service jurisprudence that when a person himself remained absent from participating in the departmental enquiry despite knowledge of it, he cannot afterward say that the proceedings are vitiated. (6). But in so far as quantum of punishment of removal is concerned, I am of the opinion that it is too harsh and shockingly disproportionate in a case of over- staying leave period. Removal of petitioner from service shall mean imposing punishment on the petitioner as well as his family members. Looking to this fact I am inclined to take lenient view in the matter. The petitioner in the instant case is a constable, belonging to a lower strata of society therefore it would be proper to if instead of removal from service, a penalty of withholding four grade increments be imposed upon the petitioner with a further rider that he would not be entitled to claim any salary, dearness allowance or other allowance for any time period to this date. (7). I therefore, allow this writ petition in part, modify the penalty of removal from service imposed upon the petitioner by orders dated January 15, 1992 (Anne- xure-1) and October 23, 1996 (Annexure-3) and instead of that penalty, I hereby impose upon the petitioner the penalty of withholding four grade increments. The penalty would run from the date the petitioner reports himself on duty before his appointing authority. The petitioner will not be entitled to any salary, dearness allowance or any other allowance from the date he was removed from the service till date and this intervening period would not be counted as qualifying service for any purposes. Costs easy.