LAWS(CHH)-2021-8-19

RAJESH SINGH SHRIVASTAVA Vs. STATE OF CHHATTISGARH

Decided On August 02, 2021
Rajesh Singh Shrivastava Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Proceedings of this matter have been taken-up through video conferencing.

(2.) The petitioner calls in question the impugned order Annexure P-2 dated 15-9-2009 by which the appellate authority has confirmed the order dated 12-2-2009 (Annexure P-1) passed by the disciplinary authority inflicting major punishment of reduction to lower stage in the time scale of pay and also directing for stoppage of three annual increments with cumulative effect branding the same as arbitrary and that it amounts to imposition of two major penalties at one go and further amounts to double jeopardy to the petitioner, as such, it is liable to be set aside.

(3.) Return has been filed by the State / respondents supporting the orders impugned stating inter alia that the penalty imposed upon the petitioner is one and same prescribed under Rule 10(v) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (for short, 'the Rules of 1966') and as such, the writ petition deserves to be dismissed.