D.C. UPADHYAY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this writ petition, the petitioner calls in question the order dated 31.12.2002 (Annexure P/1) by which penalty of withholding of four increments with cumulative effect together with recovery of an amount of Rs. 74,697/- has been imposed against the petitioner by disciplinary authority in the departmental enquiry conducted against him under Rule 14 of the C.G. Civil Services Classification, Control and Appeal Rules, 1966 (hereinafter called as 'CCA Rules')

(2.) Brief facts of the case necessary to judge the correctness of the plea raised at the Bar are as under:-

(3.) In the writ petition filed by the petitioner, the main ground for challenge is that the impugned order of penalty is vitiated for non-compliance of sub-rule (16) & (17) of Rule 14 of the CCA Rules as Rule 14 is mandatory in nature relying upon the judgment of the Supreme Court in Kulvant Singh Gill v. State of Punjab, 1991 Supp (1) SCC 504.