STATE OF KARNATAKA Vs. RAJASHREE UDAGATTI

JUDGEMENT

(1.) This writ petition by the Government calls in question the judgment dtd. 19/11/2019 rendered by the Karnataka State Administrative Tribunal, Belagavi, (for short "Service Tribunal") whereby respondent-employee's Application No.3577/2019 having been favoured the penalty of withholding of five increments with cumulative effect has been set at naught.

(2.) Learned Government Advocate appearing for the petitioner vehemently submits that the Service Tribunal is not justified in granting indulgence in the matter inasmuch as it is always prerogative of the employer to conduct disciplinary inquiry and levy penalty; alternatively, he submits that even if the impugned penalty order is set aside, liberty ought to have been accorded to the Government to resume the proceedings from the stage of show-cause notice in question.

(3.) Having heard the learned Government Advocate and having perused the petition papers we decline indulgence in the matter inasmuch as the penalty of withholding five annual increments of an employee that too with cumulative effect constitutes a major penalty and therefore, a disciplinary inquiry with the procedure prescribed for imposing such a penalty ought to have been held. This reason has animated the order of the Service Tribunal and therefore, it cannot be faulted. The argument, to the contrary, virtually amounts to placing imprimatur on the penalty order, that is made in gross violation of the principles of natural justice.