CW - 4464/1996 -Vishnu Prakash Mangal Vs. State of Rajasthan & Ors. Judgment dt.5.12.08 1/3 S.B. CIVIL WRIT PETITION NO.4464/1996 Vishnu Prakash Mangal Vs. The State of Rajasthan & Ors. Date of Order : 5th December, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI None present for the petitioner. Mr. V.K. Mathur with Mr. M.S. Godara for the petitioner. --------- 1. By this petition, the petitioner working as Upper Division Clerk in the office of Commercial Taxes Officer, Circle 'A', Udaipur, has challenged the punishment order of stoppage of one grade increment with cumulative effect imposed by the disciplinary authority vide order dated 26.2.1998 against which the appeal filed by the petitioner also came to be dismissed by the Commissioner, Commercial Taxes Department on 9.9.1996. The said punishment was imposed by the authorities of department on the ground that the petitioner committed misconduct of delay in placing the file before the appropriate authority in one particular case in M/s Accurate Pipes & Plastics Ltd. Udaipur which according to the note sheet was produced before the authority concerned on 16.7.1992 and thereafter on 24.7.1993 after gap of one year and the said matter is pertaining to grant of benefit of incentive scheme and in the meanwhile the said CW - 4464/1996 -Vishnu Prakash Mangal Vs. State of Rajasthan & Ors. Judgment dt.5.12.08 2/3 industrial unit transferred the assets of company and thereafter the loss was caused to the Revenue. After holding enquiry in the matter, the petitioner was found guilty of the said misconduct and was punished with the aforesaid punishment of withholding of one grade increment with cumulative effect. 2. Both the authorities have considered the representation of the petitioner and finding of the inquiry officer in detail and have justified the imposition of said penalty upon the petitioner. 3. After hearing the learned counsel for the respondents and upon perusal of the impugned orders, this Court is satisfied that no ground is made out for interfering with the said finding and imposition of punishment at the instance of the petitioner after lapse of such a long period and also there is no breach of principles of natural justice. The petitioner at the time of filing of the writ petition in the year 1996 is shown to be 52 years of age has by now retired from service. 4. In the facts and circumstances of the case, the impugned orders do not require any interference by this Court in the present CW - 4464/1996 -Vishnu Prakash Mangal Vs. State of Rajasthan & Ors. Judgment dt.5.12.08 3/3 writ petition. 5. The writ petition is found to be devoid of merit. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.s/9 babulal/-