!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : D.B. CIVIL WRIT PETITION No.1100/2000 (U.O.I. & Ors. Vs. Shri Kishan Lal & Anr.) Date of Order :: 22.02.2010. HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Kamal Dave, for the petitioners. None present for the respondents. Heard learned counsel for the petitioners and perused the impugned order dated 10th February, 2000 passed by the Central Administrative Tribunal, Jodhpur. Upon perusal of the order impugned, it emerges that the learned Tribunal while allowing original application found that the punishment of removal is excessive, therefore, substituted the punishment to withholding of one grade increment for a period of one year of respondent-applicant for the alleged unauthorised absence from duty. Further, it was ordered that the applicant should be reinstated within ten days from the communication of this order on the post from which he was removed from service. The applicant shall be entitled to 50% back wages from 21.12.1993 to the date of his joining. It was also ordered that the period of unauthorised absence from 28.10.1992 to 20.12.1993 on account of illness shall be regularised by the competent authority as per the leave !! 2 !! entitlement of the applicant-respondent. Further, it was ordered that the period from 21.12.1993 till the reinstatement in terms of this order will, however, count for pensionary benefits only. The amount of compassionate allowance which the applicant might have received shall be adjustable against 50% back wages which we have ordered to be paid to the applicant-respondent and further three months time was granted to comply with the order with the cost of Rs.500/-. In our opinion, looking to the gravity of charges levelled against the respondent-applicant, the Tribunal has rightly imposed the punishment. Further, we are in full agreement with the arguments advanced by learned counsel for the petitioners that cost has wrongly been imposed by the learned Tribunal. It is also required to be observed that the punishment awarded by the disciplinary authority to the respondent-applicant was disproportionate to the gravity of charges levelled against the respondent-applicant, therefore, the learned Tribunal has not committed any error while substituting punishment awarded to the respondent-applicant withholding of one grade increment for a period of one year instead of removal from service. So far as cost aspect of the matter is concerned, the order to the extent of cost is hereby quashed. The writ petition is disposed of in above terms. (GOPAL KRISHAN VYAS), J. (A.M. KAPADIA), J. A.K. Chouhan/- A.K. Chouhan/-