Anju vs High Court of Judicature for Rajasthan at Jodhpur

By the order dated 12th of January, 2009, the Disciplinary Authority after accepting the report of the Hon''ble Enquiry Judge imposed a penalty of withholding one annual grade increment without cumulative effect upon the petitioner, a judicial officer.

The delinquent officer was subjected to an enquiry under Rule 17 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 vide a memorandum dated 3rd October, 2007 for an allegation of misconduct relating to unauthorised absence from duties for a period referred in the charge itself.

The Hon''ble Enquiry Judge, after examining the entire record and providing complete opportunity to defend arrived at the conclusion that the delinquent officer remained absent from duties without getting the same sanctioned and further that she also absented without there being proper permission to leave headquarter. The report of Enquiry Judge was accepted by the Full Court of the respondent High Court on 29th of November, 2008.

The only argument advanced by learned counsel for the petitioner is that the Disciplinary Authority erred by imposing the penalty of withholding one annual grade increment without cumulative effect as the Hon''ble Enquiry Judge while holding the petitioner guilty for misconduct, pleased to recommend for awarding a warning only.

We do not find any merit in the arguments advance.

It is well settled that the Enquiring Authority is required to inquiry into the allegations for which a delinquent is charged and to give finding in that regard. The Hon''ble Enquiring Authority is not suppose to propose any punishment. The punishment is required to be settled by the Disciplinary Authority and that has been done in the instant matter.

The writ petition is, thus, bereft of merit, hence, dismissed.