JUDGMENT 1. - This petition for writ is directed against the order dated 09.09.2002 (Annexure-6) passed by the Secretary, District Establishment Committee, Rajasthan imposing a penalty of stoppage of one annual grade increment with cumulative effect and also the order passed by the District Establishment Committee affirming the order aforesaid. 2. The contention of learned counsel for the petitioner is that the penalty of stoppage of annual grade increment with cumulative effect amounts to penalty that is reduction in rank and such penalty can not be imposed without supplying a copy of the inquiry report to the delinquent employee being an adverse material used by the disciplinary authority. It is also contended by learned counsel for the petitioner that the order impugned dated 09.09.2002 is an unreasoned and non-speaking order, it nowhere discloses the reasons for penalising the petitioner by a major penalty.Despite service nobody has put in appearance on behalf of the respondents. 3. The order impugned dated 09.09.2002 is bad being absolutely nonspeaking and un-reasoned order. It is well settled that the reasons carries objectivity, and therefore, the disciplinary authority while imposing a penalty is required to pass a speaking and reasoned order. The order impugned only mentions that the inquiry officer found the petitioner guilty, and therefore, he deserves to be subjected by a penalty. Such an approach is contrary to the settled principle of law that an order imposing penalty must be speaking and reasoned one and it is not so then the violation of principles of natural justice is obvious. 4. Beside the above, Rule 16(9) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 also prescribes that the disciplinary authority is required to give finding against each and every charge. Such finding is conspicuously absent in the order impugned. 5. The order impugned is also bad on the count that copy of the report of inquiry officer was not supplied to the petitioner before imposing penalty. The penalty imposed upon them petitioner virtually amounts to reduction in rank and such penalty cannot he imposed without supplying copy of the inquiry report to the delinquent employee. In Union of India v. Mohd. Ramzan Khan, AIR 1991 SC 421 .
The penalty imposed upon them petitioner virtually amounts to reduction in rank and such penalty cannot he imposed without supplying copy of the inquiry report to the delinquent employee. In Union of India v. Mohd. Ramzan Khan, AIR 1991 SC 421 . Hon'ble Supreme Court held that the inquiry report is an adverse material, if the inquiry officer records a guilty, the disciplinary authority, therefore, should supply a copy of it to the delinquent before reaching to his conclusion. 6. In the present case though the finding of guilty is based upon the report of inquiry officer, but copy of the same was not given to the petitioner and that causes a prejudice to his right of defence. 7. In view of it, this petition for writ is allowed. The order dated 09.09.2002 passed by the Secretary, District Establishment Committee, Zila Parishad, Rajsamand and the decision of Zila Parishad, Rajasamand affirming the same is hereby quashed. No order as to costs.Writ Petition Allowed. *******