VIDYA DEVI SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Original petitioner J.P. Sharma now represented by his legal heir Smt. Vidyadevi Sharma, has assailed the legality and validity of the order Annexure A/10 dated 24/06/1987, the order Annexure A/16 dated 21/11/1994 and the appellate authority's order Annexure A/17 dated 07/02/1996. By Annexure A/10 the original petitioner was visited with penalty of stoppage of one increment with cumulative effect and by order Annexure A/17 his appeal against this order was dismissed as barred by limitation. By order Annexure A/16 the Divisional Deputy Director, Tribal Development, Bilaspur Division directed recovery of a sum of Rs.60,508/- from the gratuity amount of the original petitioner on the ground that the said amount was the excess payment made to him during the period 01/03/1983 to 31/01/1994.

(3.) It is mentioned in the order Annexure A/10 that the petitioner remained absent from duty without obtaining leave, therefore, he should show cause as to why he should not be penalized by stopping two increments. He submitted explanation on 16/02/1984 and 28/01/1987 which was found unsatisfactory, therefore, under Rule 16 of Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966 (for short, 'Rules, 1966') he is visited with minor penalty of stoppage of one increment with cumulative effect.