KRISHNA KUMAR NAVRANG Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard. By way of the present petition the petitioner is challenging the legality and validity of the order dtd. 28/08/2012 passed under the Chhattisgarh Panchayat Services (Discipline and Appeal) Rules, 1999 (hereinafter referred to as the 'Rules, 1999') whereby the minor punishment of withholding of two increments without cumulative effect has been imposed on the petitioner.

(2.) It is stated that initially for certain misconduct alleged the petitioner was suspended on 12/01/2009 vide Annexure P/2. Subsequently, the suspension was revoked by order dtd. 28/02/2009 (Annexure P/3). Thereafter, the communication was made from the Chief Executive Officer, Zila Panchayat, Bilaspur on 08/10/2010 (Annexure P/4) wherein the Enquiry Officer was appointed for a proposed departmental enquiry under Rule 7 (5) of the Rules, 1999.

(3.) Rule 7 (5) of the Rules, 1999 contemplate about the procedure for imposing major penalties which purports that the disciplinary authority may nominate any person to present the case in support of the charges before the Enquiry Officer. The member of the Panchayat Service may present his case with the assistance of any other Panchayat servant of State Government approved by the Enquiry Officer but may not engage a legal practitioner.