T.C. SIVAKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner with the following prayers: -

(2.) The petitioner was appointed as a Lecturer in the respondent No.4 Institute namely the National Institute for the Empowerment of Persons with Intellectual Disabilities ( 'NIEPD ', for short) on January 08, 1990. On November 20, 2014, he was suspended. On February 10, 2015, his suspension was extended. The suspension was again extended on August 06, 2015, November 09, 2015 respectively. While under suspension, a charge sheet was issued to the petitioner on December 22, 2015. The suspension was finally revoked on May 30, 2016.

(3.) Pursuant to the charge sheet, as referred to above, the inquiry report was submitted by the Inquiry Officer, wherein the petitioner was not found guilty. The Disciplinary Authority ( 'DA ', for short) after considering the inquiry report, gave a disagreement note on the inquiry report to the petitioner in November 2018. The petitioner submitted his response to the disagreement note. In April 2019, a penalty order was passed by the Authority under the signatures of the Joint Secretary to the Government of India ( 'GOI ', for short), whereby the pay of the petitioner was reduced from ?1,51,400/- to ?1,47,000/- for a period of one year with immediate effect, with a further direction that he will not earn increments of pay during the period of such reduction and on the expiry of such period the reduction will have the effect of postponing his future increments of pay.