1 S.B. CIVIL WRIT PETITION NO.6350/2003 (Murari Lal Mathur vs. State of Raj. & Anr.) Date of Order :: 12.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Harish Purohit, for the petitioner. Mr.B.L. Tiwari, Dy. Govt. Advocate. It is submitted by learned counsel for the petitioner that the controversy involved in this case is squarely covered with the judgments of this Court rendered in S.B. Civil Writ Petition No.4306/1998 (Naval Singh Vs. The State of Rajasthan & Anr.), S.B. Civil Writ Petition No.402/1998 (Subhash Chandra Vs. State of Rajasthan & Ors.) and in Charan Singh & Ors. Vs. RSRTC & Anr., reported in 2003 (1) CDR 899 (Raj.), in which, this Court has held that mere non-achieving of the target itself cannot be a ground to proceed for disciplinary action against the employee. In this case, as per petitioner he has been penalized for alleged misconduct of non-achieving of the target fixed by respondents for a period of one year. As per learned counsel for the petitioner the allegation levelled against the petitioner itself misconceived as the disciplinary authority has not waited for a year to access the working of the petitioner. 2 With regard to law laid down in the judgments cited by learned counsel for the petitioner, learned Dy. Govt. Advocate does not dispute the position of law. Thus, in view of the facts of this case, the writ petition is allowed and the order Annexure-7 dated 10th October, 2003 whereby penalty of censor was imposed upon the petitioner is set aside with no order as to costs. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-