1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.6637/1994 Maliram Sharma vs. State of Rajasthan & Ors. Date of order : 16/12/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Shri Hemant Gupta, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed by the petitioner challenging the order dated 6.10.1986 by which he was awarded penalty of stoppage of one grade increment without cumulative effect and the order dated 15.1.1992 by which his appeal was dismissed by the District Establishment Committee, Zila Parishad, Sikar. The petitioner has assailed the aforesaid two orders on the grounds that these orders are illegal and arbitrary and are contrary to the provisions of Rajasthan Panchayat Samities and Zila Parishad Services (Punishment and Appeal) Rules, 1961 (for short-`Rules of 1961') and contrary to the settled principles of natural justice. The petitioner was not allowed the opportunity to inspect the documents, nor the documents relied on by the disciplinary authority were supplied to 2 him. The Enquiry Officer has not even given him an opportunity to produce his witnesses and disciplinary authority has passed the order of penalty even though no specific finding on the guilt of the petitioner has been recorded by the enquiry officer. The copy of the enquiry report has not been supplied to the petitioner which has proved his case. The District Establishment Committee, Zila Parishad, Sikar had no competence to hear and decide the appeal itself, therefore, the order passed by the appellate order is without jurisdiction. The respondents have opposed the writ petition and submitted that the petitioner was posted in Government Primary School, P.S. Khandela and he was found absent from the school from 6.8.1985 to 12.8.1985. The charge of absence was found proved against him. The petitioner failed to show that he had absented from duties with due leave or has sent the leave application in advance. The petitioner also could not produce any sickness certificate for his alleged absence. It was only a minor punishment and therefore the requirement of full fledged 3 enquiry was not necessary. There was no prejudice caused to the petitioner for non supplying of the enquiry report because only a minor penalty was imposed. Having considered the arguments aforesaid and perused the impugned order, I find that the petitioner has not pointed out as to which of the specific rule of the Rules of 1961 was violated in conducting the enquiry. The petitioner has not been able to dislodge the finding recorded by the disciplinary authorities as regards his absence, nor he is able to give any justification for such an absence. Considering the facst aforestated, the disciplinary authority has already taken a very lenient view of the matter by awarding only penalty of stoppage of one grade increment without cumulative effect. The requirement of holding a full fledged enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 was not therefore necessary. No prejudice has been shown to the petitioner for non supply of any enquiry report, if there was any. 4 I do not find any merit in this writ petition, which is accordingly dismissed. (MOHAMMAD RAFIQ), J. RS/