1 S.B. Civil writ petition No. 10721/2009 Govind Ram Sharma vs State of Rajasthan & Ors. Date of Order dated 11.12.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.MS Godara, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner has challenged the inquiry report dated 31.12.2005 (Annex.4) and order dated 19.7.2005 (Annex.5) by which the disciplinary authority after holding petitioner guilty in departmental inquiry punished him with stoppage of 5 annual grade increments with cumulative effect. According to the petitioner he has preferred the appeal against the said punishment before the Divisional Commissioner, Ajmer Division, Ajmer and when he applied for the certified copy of the appeal from the office of the Divisional Commissioner, Ajmer on petitioner's application for certified copy of the appeal (Annex.7) it has been endorsed that the said file has been sent to the District Collector, Bhilwara and, thereafter, it has been conveyed to 2 the petitioner that since the concerned file is not available in the office of the Divisional Commissioner, therefore, it is not possible to give the copy demanded by the petitioner. Learned counsel for the petitioner submitted that petitioner is not aware whether his appeal has been decided or not and he has tried to seek information about the fate of the his appeal by moving application Annex.7, but he has not been informed whether his appeal has been decided. It is also submitted that if copies are issued then the position may be cleared. Learned counsel for the petitioner however, tried to assail the order of punishment passed by the disciplinary authority. The petitioner since submitted that he has preferred appeal before the Divisional Commissioner, Ajmer and he is not aware of the fate of the appeal then he should first get information from the Divisional Commissioner, Ajmer about the fate of his appeal. Without challenging the appellate order, the petitioner cannot challenge the basic order of punishment and it will be worthwhile to observe that petitioner even is not aware whether he has been exonerated in appeal or not because he is not aware what decision has been given by the appellate authority. Be it as 3 it may be, the petitioner applied for the certified copy of his appeal from the office of the Divisional Commissioner, Ajmer and that copy has not been delivered to the petitioner on the ground that file was sent to the office of the District Collector, Bhilwara. In spite of the fact that the petitioner can get the copy of the documents sought by him from the office of the District Collector, Bhilwara straightway approached this Court for having an inquiry through court by exercise of power under Article 226 of the Constitution of India to find out that petitioner's appeal has been decided or not. I do not find any just reason for challenging the order of the disciplinary authority and inquiry straightway even without knowing the fate of the appeal filed by the petitioner. In view of the above reasons, there is no merit in this writ petition and the same is hereby dismissed. [PRAKASH TATIA], J. cpgoyal/-