IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BECNH, JAIPUR. S.B.Civil Writ Petition No.203/1995. Ummed Singh Dhaka. Versus. State of Rajasthan & Anr. Date of Judgment: 12.2.2009. Hon'ble Mr.Justice Mohammad Rafiq. None present for the petitioner. Mr.Zakir Hussain Addl.G.A. This writ petition has been filed by the petitioner challenging the order dated 20th July, 1993 by which his three Grade Increments were without cumulative effect, against which, an appeal filed by the petitioner was also dismissed vide order dated 24.8.1994. The allegation against the petitioner was that while the petitioner was posted at ..2.. District Jail Jhunjhunu, on 24th July,1992, he caught hold of the hairs of Ajmeri Khan Chief Guard and slapped him and threatened him with dire consequences. He was served a notice under Section 17 CCA Rules on 12th May 1993. Petitioner submitted reply to the aforesaid notice and denied all the charges and also denied allegations that he was abused him and gave him beating. By the impugned order dated 20th July 1993, his three Grade increments were stopped without cumulative effect against which, appeal filed by the petitioner was also dismissed. The petitioner has contended in the writ petition that there was no entry in the Rojnamcha of the District Jail that Ajmeri Khan came out of the Jail at the time of incident took place. In fact, the entry that was made in the Rojnamcha indicated that Head ..3.. Wardan Ajmeri Khan entered the District Jail premises at 9.A.M and there was no entry of his exit from the jail. The incident incident is said to have taken place at the tea-stall just out-side of the District Jail. It is further argued by the petitioner that there was no proper enquiry and there was no proof that Ajmeri Khan at the relevant time came out of jail and the incident at all took place. He further contended that no opportunity was given to the petitioner to produce his evidence. Learned Addl.Government Counsel opposed the contentions made by the petitioner in the writ petition and contended that it was a serious misconduct on the part of e petitioner to beat and abuse his superior. The petitioner being a member of jail service, was expected to maintain discipline. ..4.. Mere entry in the Rojnamcha would not mitigate the charge leveled against the petitioner. Upon consideration of the aforesaid arguments and perusal of the material available on record, I find that a minor penalty of stoppage of three grade increments without cumulative effect on the basis of gravity of the charge proved against the petitioner was not such which would not justify such a penalty. Petitioner was accepted of beating his superior Head Warden and abusing him in full public gage just out- side the main gate of District Jail cannot be asked for any leniency in any case the respondents served upon the petitioner, notice for minor penalty issued under Rule 17 CCA Rules. The appellate authority has also found the order passed by disciplinary authority as just and proper. No violation of Rule 17 or any other Rule has been pointed out. ..5.. Consequently, I do not find any merit in this writ petition and the same is dismissed. Copy of this judgment be endorsed to the petitioner for information. (Mohamad Rafiq)J. k.