Shankar Singh S/O Shri Padam Singh vs State Of Rajasthan
2021 Latest Caselaw 1403 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                D.B. Special Appeal Writ No. 600/2020

                                          In

                  S.B. Civil Writ Petition No.9612/2015

Shankar Singh S/o Shri Padam Singh, R/o Village Daulatpura,
Nayapura Kota, Presently Working Fourth Grade Employee, Office
Special Auditor Co-Operative Society Bundi
                                                                         ----Appellant
                                      Versus
1.      State     of    Rajasthan,          through         Principal      Secretary,
        Cooperative       Department,           Government          of     Rajasthan,
        Secretariat, Jaipur.
2.      Registrar Cooperative Societies, Rajasthan, Jaipur
3.      Joint Registrar, Cooperative Societies, Kota
                                                                   ----Respondents

For Appellant(s)            :     Mr. K.C. Sharma
For Respondent(s)           :



                   HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

Judgment

09/02/2021

D.B. Civil Misc. Application No.602/2020

1. The matter comes on application under Section 5 of the

Limitation Act.

2. For the reasons mentioned in the application, the delay in

filing the Special Appeal is condoned and the application is

allowed.

D.B. Special Appeal Writ No. 600/2020

1. This Special Appeal Writ has been filed against the order

dated 17.02.2020 passed in S.B. Civil Writ Petition No.9612/2015;

(2 of 2) [SAW-600/2020]

Shankar Singh vs. State of Rajasthan & Ors., vide which the

petition of the appellant has been dismissed while upholding the

punishment of stoppage of three annual increments with

cumulative effect.

2. Heard learned counsel for the appellant and perused the

material made available on record.

3. Learned counsel for the appellant submits that while

imposing punishment against the appellant, no due procedure of

issuing disagreement notice has been followed. Learned Single

Judge has erred in dismissing his petition. The appeal deserves to

be allowed.

4. Learned Single Judge has dismissed the petition with the

observation that the punishment imposed on the appellant was

not in consequence of the order passed in criminal case, but on

the basis of a separate departmental enquiry wherein, the

appellant admitted his guilt. Further, while disagreeing with the

report of the Enquiry Officer and after affording the opportunity of

hearing on the disagreeing notice, he was awarded punishment of

stoppage of 3 Grade increments.

5. In that view of the matter, we find no reason to interfere in

the impugned order. Accordingly, the appeal is dismissed.

(SATISH KUMAR SHARMA),J (INDRAJIT MAHANTY),CJ

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