1 D.B.Special Appeal(Writ) No.403/2008 State of Rajasthan & ors. V/s Radhey Shyam 5.9.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.S.S.Sharma, Government Counsel for the appellants. Mr.M.M.Mehrishi for the respondent. Heard learned counsel for the parties both in limitation matter and also in appeal. Delay in filing this appeal is condoned. This appeal is directed against order dated 11.8.2006 passed by the learned Single Judge of this Court in its writ jurisdiction whereby and whereunder the writ application was partly allowed. The writ petitioner, who was police constable, was subjected to disciplinary proceedings and ultimately a punishment was imposed upon him to the extent of stoppage of two annual increments with cumulative effect, approached this Court in writ jurisdiction. In the writ application, the circulars issued by the State authorities dated 17.10.1986 and memo issued by DGP dated 4.10.1991 were considered and in view of the circulars aforesaid, it was held that the concerned Regional and District Level Officers were empowered only to impose a penalty of stoppage of two annual increments without cumulative effect and to that extent, the order of punishment was modified and the writ application was disposed of. It is submitted by learned counsel for the appellants that the circular dated 17th October, 1986 was applicable only to the officials and personnel of Rajasthan Civil Services and not to personnel of police department and therefore, circular aforesaid had no 2 application in the fact and circumstances of the case. Learned counsel appearing on behalf of the respondent however contended that the circular dated 17th October, 1986 was adopted by the police department vide police force memo no.6907 dated 4th October, 1991 and therefore, this circular was applicable with equal force so far as the personnel of police department were concerned. It is not in dispute that the circular dated 17th October, 1986 was applied so far as the executive side of the Government was concerned, even at the face of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. The circular was issued on behalf of the State of Rajasthan by the Personnel Department and had application for all wings of the State. The police department, in that view of the matter, adopted the said circular vide police force memo no.6907 dated 4th Oct.1991. The learned Single Judge of this Court having considered these aspects of the matter, opined that the punishment imposed upon the writ-petitioner to the extent of stoppage of two annual increments with cumulative effect was contrary to the circular of the State Government and therefore, punishment aforesaid was modified to the extent that the punishment will remain only stoppage of two annual increments without cumulative effect. For the reasons aforementioned therefore, the order impugned cannot be faulted either on facts or on law. This appeal accordingly is dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar