Rajasthan High Court - Jodhpur
Ratan Lal vs State And Ors on 23 November, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2611/2002
Ratan Lal S/o Shri Hanuman Das Ji, By Caste Khatik, aged about
32 years, resident of Block AJ, House No.26, Mahaveer Nagar,
Barmer. (At present working as Lower Divisional Clerk in the
Office of Dy. Chief Medical Health Officer, Guda Malani,
Headquarter at Barmer.
----Petitioner
Versus
1. The State of Rajasthan through Director, Medical and Health
Services, Rajasthan Jaipur.
2. The District Collector, Barmer and
3. The Dy. Chief Medical health Officer (Health), Headquarter,
Barmer.
----Respondent
For Petitioner(s) : Mr Kanishk Singhvi for Mr
C.S.Kotwani
For Respondent(s) : Ms Vandana Bhansali
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
23/11/2021
The matter comes up for consideration of application
(01/21) preferred on behalf of the petitioner for early listing of the
writ petition.
With the consent of both the learned counsel for the
parties, the matter is heard finally and is being decided by this
order.
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
(2 of 5) [CW-2611/2002]
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.
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.
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,
(3 of 5) [CW-2611/2002]
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.
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.
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.
(4 of 5) [CW-2611/2002]
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.
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.
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.
(5 of 5) [CW-2611/2002]
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.
In view of the above, the instant writ petition succeeds
and is allowed. There will be no order as to costs.
(VIJAY BISHNOI),J
29-masif/-PS
Powered by TCPDF (www.tcpdf.org)
