Ibrahim Chhipa vs The State Of Rajasthan ...
2023 Latest Caselaw 4832 Raj

[2023/RJJD/015951]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Special Appeal Writ No. 365/2023

Ibrahim Chhipa S/o Ramajudden, Aged About 70 Years, R/o Shivpur, Tehsil Mandal, District Bhilwara.

----Appellant Versus

1. The State of Rajasthan, through the Chief Secretary to the Govt. Govt. of Rajasthan, Secretariat, Jaipur.

2. The Divisional Commissioner, Ajmer.

3. The Collector (Land Records), Bhilwara.

                                                                     ----Respondents


For Appellant(s)            :     Mr. Sikander Khan



               HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Judgment

18/05/2023

1. This special appeal writ has been filed on behalf of the

appellant against the order dated 02.02.2023 passed by the

learned Single Judge of this Court, whereby it has dismissed the

writ petition being in S.B. Civil Writ Petition No.2240/2003

(Ibrahim Chhipa Vs. State of Rajasthan & Ors.) filed by the

appellant.

2. The above mentioned writ petition (SBCWP No.2240/2003)

was filed by the appellant challenging the orders dated

04.08.1992, 29.05.1993 and 03.02.1996 passed by the

respondents, whereby in the disciplinary proceedings under Rule

17 of Rajasthan Civil Services (Classification, Control and Appeal)

Rules, 1958 (hereinafter to be referred as 'the CCA Rules'),

[2023/RJJD/015951] (2 of 3) [SAW-365/2023]

penalty of stoppage of three annual grade increment with

non-cumulative effect was imposed upon the appellant.

3. Brief facts of the case are that the appellant was working on

the post of Patwari at Patwar Circle Boriyapur, Tehsil Raipur,

District Bhilwara at that relevant time and on 18.05.1990, he

sanctioned mutation in favour of some persons while noting that

the Khatedar has been expired. Later on, Khatedar raised an

objection alleging that he is still alive but despite that the

appellant being Patwari of the area sanctioned mutation in favour

of other persons declaring him as dead.

4. Thereafter, disciplinary proceedings under Rule 17 of CCA

Rules were initiated against the appellant and vide order dated

04.08.1992, the respondent No.3-Collector (Land Record),

Bhilwara imposed punishment of stoppage of three annual grade

increment with non-cumulative effect upon the appellant.

5. The appeal filed by the appellant under Rule 23 of the CCA

Rules against the order dated 04.08.1992 was dismissed by the

respondent No.2-Divisional Commissioner, Ajmer vide judgment

dated 29.05.1993.

6. The review petition filed by the appellant under Rule 34 of

the CCA Rules against the order dated 29.05.1993 was also

rejected by the respondent No.1-State Government vide order

dated 03.02.1996.

7. Being aggrieved with the order dated 03.02.1996, the

appellant preferred a writ petition being SBCWP No.2240/2003

before the learned Single Judge of this Court, which came to be

dismissed vide impugned order dated 02.02.2023.

[2023/RJJD/015951] (3 of 3) [SAW-365/2023]

8. Having heard learned counsel for the appellant and after

perusing the material available on record, we don't find any case

for interference in this special appeal writ as the concurrent

finding recorded by the disciplinary authority, appellate authority

as well as the review authority are perfectly in accordance with

law.

9. Hence, this special appeal writ is dismissed.

(PRAVEER BHATNAGAR),J (VIJAY BISHNOI),J

Abhishek Kumar S.No.20

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