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2021 DIGILAW 2204 (RAJ)

Ratan Lal v. State of Rajasthan

2021-11-23

VIJAY BISHNOI

body2021
JUDGMENT : VIJAY BISHNOI, J. 1. The matter comes up for consideration of application (01/21) preferred on behalf of the petitioner for early listing of the writ petition. 2. With the consent of both the learned counsel for the parties, the matter is heard finally and is being decided by this order. 3. This writ petition is filed by the petitioner being aggrieved with the order dated 07.05.2002 passed by the Director, Medical and Health Service, Rajasthan Jaipur (hereinafter to be referred as ‘the respondent No. 1’) whereby in the proceedings under Rule 16 of the Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958 (hereinafter to be referred as ‘the Rules of 1958’) punishment of withholding one annual grade increment without cumulative effect has been imposed upon the petitioner. It is also mentioned that for the suspension period, the petitioner is not entitled for receiving any amount except the subsistence allowance. 4. Brief facts of the case are that the petitioner was working as Lower Division Clerk in the Office of the Deputy Chief Medical Health Officer (Health), Headquarters at Barmer (hereinafter to be referred as ‘the respondent No. 3’). The then Collector, Barmer vide its order dated 08.06.1998 had fixed the duty of the petitioner in Control Room of Flood from 5:00 P.M. to 11:00 P.M. In the order dated 08.06.1998, it is mentioned that the employees, who have been assigned duties at Control Room, are required to join the duties at Control Room immediately after relieving from the present posting. The petitioner failed to join the duties on 08.06.1998 and joined the duties in the Control Room on 09.06.1998. The petitioner was suspended vide order dated 09.06.1998 by the then District Collector, Barmer on the ground that he had failed to join his duties on 08.06.1998 in the Control Room and as the disciplinary enquiry was under consideration against him, he was suspended. 5. Thereafter, the respondent No. 3 was directed to conduct preliminary enquiry. He submitted his report on 25.07.1998 completely exonerating the petitioner while holding that the petitioner was not found irresponsible towards his duties. 5. Thereafter, the respondent No. 3 was directed to conduct preliminary enquiry. He submitted his report on 25.07.1998 completely exonerating the petitioner while holding that the petitioner was not found irresponsible towards his duties. It is mentioned in the order that on 08.06.1998, the petitioner was in receipt of order dated 08.06.1998 at 6:20 P.M. therefore, he tried to contact the concerning authority to relieve him but as the concerning authority was not available either at his office or at his residence, as office time was over, the petitioner could not get his relieving order. On 09.06.1998 at 10:00 A.M. the petitioner was relieved by the respondent No. 3 and immediately he joined the duties at Control Room. 6. The petitioner thereafter submitted a detailed representation to the Director, Medical and Health Services, however, in the meantime, the then District Collector, Barmer vide order dated 13.06.2001 requested the Director, Medical and Health Service to drop the proceeding against the petitioner. Despite the same, the Director, Medical and Health Department disagreeing with the enquiry report submitted by the respondent No. 3, issued a notice to the petitioner why he may not be suitably punished for neglecting his duties. The petitioner submitted his detailed representation before the Director stating that he was not negligent in the duties and narrated the incidents due to which he failed to attend the duties at Control Room on 08.06.1998 itself. The Director, Local Bodies passed the impugned order dated 07.05.2002 and imposed the punishment of withholding one annual grade increment without cumulative effect upon the petitioner. Being aggrieved with the same, this writ petition is filed. 7. Reply to the writ petition is filed on behalf of the respondents while raising preliminary objection regarding maintainability of the writ petition as there is an alternate remedy of appeal under Rule 23 of the Rules of 1958. The respondents have supported the impugned order dated 07.05.2002. 8. Having heard learned counsel for the petitioner and after going through the material available on record, it is noticed that the Director, Medical and Health Services itself admitted in the impugned order that order dated 08.06.1998 was received by the petitioner after office hours with a direction that he may join the duties after reliving by the controlling officer. 8. Having heard learned counsel for the petitioner and after going through the material available on record, it is noticed that the Director, Medical and Health Services itself admitted in the impugned order that order dated 08.06.1998 was received by the petitioner after office hours with a direction that he may join the duties after reliving by the controlling officer. The respondent No. 3 in its enquiry report recorded a clear finding that the petitioner was in receipt of the order dated 08.06.1998 at 6:20 P.M. and thereafter he tried to contact him but in vain, however, in the morning of 09.06.1998, he was immediately relieved and he joined his duties in the Control Room on the same day. The respondent No. 3, in the enquiry report, has admitted that as the petitioner was not relieved by him on 08.06.1998, he could not join his duties. 9. The then District Collector, Barmer in its letter dated 13.06.2001 had also requested the Director, Local Self, Rajasthan Jaipur to drop the enquiry against the petitioner on the ground that two other employees, one of Medical and Health Department and another of Forest Department had also failed to join duties in the Control Room but their suspension had been revoked and disciplinary proceedings had also been dropped against them, so proceeding against the petitioner be also dropped. 10. The Director, Local Self ignored the facts mentioned in the enquiry report of the respondent No. 3 and the letter written by the then Collector and while admitting that the petitioner was not in receipt of the order dated 08.06.1998 during office hours and also was not relieved by the controlling officer on 08.06.1998, has illegally imposed the penalty of withholding one annual grade increment without cumulative effect upon the petitioner. 11. In such circumstances, the impugned order dated 07.05.2002 passed by the Director, Medical and Health Services Rajasthan Jaipur is hereby quashed and set aside. The respondents are directed to give entire arrears of emoluments and all other consequential benefits to the petitioner within a period of six months from the date of production of certified copy of this order. 12. In view of the above, the instant writ petition succeeds and is allowed. There will be no order as to costs.