TOMIN SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally.

(2.) Challenge in the present writ petition is to the order of punishment dated 18.03.2020 whereby the petitioner has been inflicted with order of punishment of stoppage of one annual increment for a period of one year with cumulative effect.

(3.) The contention of the petitioner assailing the impugned order is that the same has been passed without conducting any Departmental Enquiry (in short DE). It is also the contention of the petitioner that the effect of that impugned order is that of a major punishment and it was incumbent upon the respondents to have initiated a DE. The petitioner relied upon Rule 16(1-a) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (in short, the Rules, 1966) in this regard which mandates holding of a Departmental Enquiry even when the department intends to impose punishment of stoppage of one annual increment for any period with cumulative effect. The petitioner also relied upon judgment of this court in Vidyadevi Vs. State of Chhattisgarh and Others, WPS No.1086 of 2005, decided on 25.07.2014.