Dismissed

Kishore Kumar Harshawal v. Stat E and Ors.

Rajasthan HC9 Jan 2019SAW/420/2015

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur dismissed the appeal against a minor service penalty of stoppage of one annual grade increment without cumulative effect imposed on the appellant due to negligence in the compounding of an offence involving multiple injured persons.

What did the court decide?

The appeal was dismissed, upholding the minor penalty of stoppage of one annual grade increment without cumulative effect imposed on the appellant.

Kishore Kumar Harshawal Vs Stat E and Ors. — Service and Employment | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 420/2015

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Kishore Kumar Harshawal s/o Shri Birdi Chand Harshwal, Aged about 50 years, R/o Near Saini Mandir, Shekhpura Mohalla, Sikar, Rajasthan

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----Appellant

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Versus

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The State of Rajasthan through the Secretary, Department of Home Affairs, Government of Rajasthan, Jaipur.

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The Director (Prosecution), Department of Prosecution, Directorate, Government of Rajasthan, Jaipur.

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The Assistant Director, Prosecution, Churu, Rajasthan.

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----Respondents

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For Appellant(s) : Mr. Kuldeep Mathur For Respondent(s) : None

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HON'BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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09/01/2019

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We have heard learned counsel for the appellant.

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Minor penalty of stoppage of one annual grade increment without cumulative effect was inflicted upon the appellant. Challenge to the penalty levied before the learned Single Judge has resulted in the writ petition being dismissed vide impugned order dated 16^th March, 2015.

¶16

The appellant was posted as an APP in the Court of Judicial Magistrate, Class-I, Taranagar. A charge-sheet signed by the SHO, Police Station, Bhaleri was presented to the Court by the appellant on 1^st August, 2005. The order dated 1^st August, 2005, annexed as Annexure-1 to the writ petition shows that the learned

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(2 of 2)

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[SAW-420/2015]

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Judicial Magistrate perused the charge-sheet and prima facie found case made out to proceed against the accused. Accused was present in the Court. He pleaded not guilty to the charge and simultaneously an application for compounding the offence punishable under Section 341/323 IPC was filed. The application was signed only by one injured. The application was allowed and the offence was compounded. Needless to state the charge against the appellant was of not bringing it to the notice of the Court that there were two injured persons and thus the compromise, if at all resulting in the offence being compounded, had to be with both injured persons.

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Contention of the appellant that he was not served with a copy of the compromise is belied from the reading of the order dated 1^st August, 2005. The order is conceptual, factual and singular in nature. The order reveals that after the Court took cognizance of the offence one injured along with accused filed an application for compounding the offence on said date.

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It is thus a case of negligence on the part of the appellant. The penalty levied is commensurate to the level of negligence. The penalty as noted above is stoppage of one annual grade increment without cumulative effect.

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The appeal is dismissed.

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(DR. PUSHPENDRA SINGH BHATI),J (PRADEEP NANDRAJOG),CJ

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21-MohitTak/-

Kishore Kumar Harshawal v. Stat E and Ors.

Case brief

What is this about?

What did the court decide?

Kishore Kumar Harshawal v. Stat E and Ors.

Case brief

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What did the court decide?

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