S.B.CIVIL WRIT PETITION NO.1333/9-(Dr.(Mrs.)Nalini Razdan vs. State of Raj. DATE OF ORDER : 15/12/2008 1/2 S.B.CIVIL WRIT PETITION NO.1333/97 (Dr.(Mrs.)Nalini Razdan vs. State of Raj.) DATE OF ORDER : 15/12/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Khet Singh for the petitioner. None present for the respondent. This petition is directed against the impugned order dated 6/2/97 Annex.5, whereby, after holding an inquiry under Rule 17 of the CCA Rules, 1958, the impugned punishment of withholding two advance increments without cumulative effect was imposed upon the petitioner, who was working as Medical Officer in the Medical and Health (Family Welfare) Department of respondent State. The charge against the petitioner was that she applied for the passport to the competent authority without taking no objection from the competent authority of the Medical and Health Department, whereas, No Objection Certificate was obtained from the Deputy Chief Medical and Health Officer (Family Welfare) Udaipur vide Annex.2 dated 15/10/1993, who forwarded the same to the competent authority- Directorate, Medical and Health Services, Jaipur for necessary action. However, since petitioner did not receive any communication from the Directorate, she applied for the passport with such No Objection Certificate obtained from Deputy Chief Medical and Health Officer on 15/10/1993. The petitioner also submitted detailed reply to the disciplinary authority vide Annex.4 in response to the notice served upon her. In the said reply, petitioner has stated that she applied for NOC to the competent authority but since no communication was S.B.CIVIL WRIT PETITION NO.1333/9-(Dr.(Mrs.)Nalini Razdan vs. State of Raj. DATE OF ORDER : 15/12/2008 2/2 received from that office, she obtained provisional NOC from the Deputy Chief Medical and Health Officer and applied for passport and she had no intention to breach any rules in this regard. From the bare perusal of Annex.5 dated 6/2/1997it appears that said order does not contain any reason for imposition of said penalty of withholding of two grades increments without cumulative effect. The said order merely states that reply filed by the petitioner is not found to be satisfactory, however, no reasons have been assigned by the competent authority, who passed the said order. Said order, therefore, cannot said to be meeting the principles of natural justice which requires passing of speaking order by the disciplinary authority in this regard. Consequently, this writ petition is allowed and Annex.5 dated 6/2/1997 is quashed. No order as to costs. (DR.VINEET KOTHARI), J. item no.6 baweja/-