1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.9277/02 Chatar Singh vs. State & Ors. Date of order : 8/4/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Lokesh Sharma for the petitioner. Shri Pradeep Kalwania, Addl. Govt. Counsel for the respondents. ****** Heard learned counsel for the parties. This writ petition has been filed against the order of penalty dated 5.5.01 by the petitioner was awarded penalty of stoppage of one grade increment without cumulative effect and the orders dated 27.12.01 and 18.10.02 by which his appeal and review petition were rejected. Shri Lokesh Sharma, learned counsel for the petitioner has argued that there was no allegation against the petitioner and even as per the statement of the respondents, it was rider of the petitioner who has charged a sum of Rs.100/- from the truck driver and not the petitioner himself. In those facts, there was no evidence against the petitioner and he could not be penalised. Even otherwise, the penalty is disproportionate 2 to the charges proved. Shri Pradeep Kalwania, learned Additional Government Counsel opposed the writ petition and submitted that at the time of incident, the petitioner was posted in the traffic police and it was at his instance that his rider charged a sum of RS.100/- from the truck driver. It was a serious case even then taking the lenient view of the matter, the penalty of stoppage of one grade increment without cumulative effect was awarded to the petitioner. It was argued that the appeal and the review petition have also been rejected. Having heard the learned counsel for the parties and perused the material on record, I find that the petitioner was awarded this penalty who was then Assistant Sub-Inspector of police posted with the traffic police of the city because a sum of Rs.100/- was charged by Constable Puran Singh who was rider of the petitioner. The argument that the petitioner was unaware and would not be responsible for the act of his rider in charging Rs.100/- does not appeal, nor does such argument inspire any confidence. The 3 respondents have also taken a lenient view by awarding penalty of one grade increment without cumulative effect. I therefore do not find any reason to interfere with the impugned order. The writ petition is therefore dismissed. (MOHAMMAD RAFIQ), J. RS/