CW 5769/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5769/2006 Hansraj Meena Versus State & Ors. Date of Order ::: 17/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Ashok Yadav, for petitioner Mr. JK Agrawal, Addl.Govt. Counsel, for respondent-State Instant petition has been filed assailing order dt.17/05/05 (Ann.11) whereby appellate authority while upholding guilt recorded by disciplinary authority vide order dt.28/06/04 (Ann.8), reduced the penalty of dismissal from service to stoppage of six annual grade increments with cumulate effect and forfeiture of salary for intervening period of petitioner having remained out of employment from the date of dismissal till order of reduced penalty, which has been sanctioned as extra ordinary leave. Petitioner while working as Police Constable was served with charge sheet dt. 01/04/03 (Ann.3) U/r 16/18 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (“CCA Rules”) for gross act of moral turpitude. After conducting regular disciplinary inquiry and having held him guilty of gross misconduct alleged in the charge sheet, CW 5769/06 //2// disciplinary authority inflicted penalty of dismissal from service upon him vide order dt.28/06/04 (Ann.8) – against which he preferred appeal (Ann.9), wherein appellate authority while holding guilt of petitioner, reduced penalty of dismissal to stoppage of six annual grade increments with cumulative effect vide order dt.17/05/05 (Ann.11) - in consequence whereof, order dt.18/05/05 (Ann.12) has been passed sanctioning extra ordinary leave without pay for intervening period during which he remained out of employment due to penalty of dismissal till reduction of penalty. Counsel for petitioner submits that very finding of guilty recorded by respondents in regular disciplinary inquiry is not supported by cogent material on record, which requires to be interfered with by this Court and based on erroneous finding of guilt, penalty being modified by appellate authority is also not legally sustainable. After the charge sheet was served upon petitioner, inquiry procedure U/r 16 of CCA Rules was followed. It is not the case of petitioner that at any stage, disciplinary authority has violated principles of natural justice which may otherwise have caused CW 5769/06 //3// prejudice to him – in absence whereof, ordinarily this Court is not supposed to examine the record of inquiry as an appellate authority, within its limited scope U/Art.226 of the Constitution. Both disciplinary as well as appellate authority have upheld the guilt of petitioner but looking to the material on record the appellate authority has considered to reduce the penalty of dismissal from service to stoppage of six annual grade increments with cumulative effect vide order impugned (Ann.11). This Court has gone through the orders impugned and material on record and does not find any error being committed by respondents in passing final order holding the guilt & punishment inflicted thereto, which may call for interference. Consequently, writ petition fails and is hereby dismissed. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.3/5769CW06-17JnDsInq.doc