R S YADAV Vs. INDIAN INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner, who has been working in the Indian Institute of Technology, hereinafter referred to as IIT since 2. 7. 1964 challenged the legality, validity, propriety and correctness of the Order Nos. I1td/estt. 1 1/84/5691, dated 25/27th June, 1984, 1itd/est. 11/85/2008, dated 19. 3. 85 issued by the order and in the name of the director of the respondent whereby the respondent imposed a penalty on the petitioner withholding two increments with cumulative effect with immediate effect.

(2.) THE only grievance of the petitioner is that by the impugned order imposing penalty of withholding two increments with cumulative effect the respondent has acted without jurisdiction. The other plea taken in the writ petition is regarding the promotion, but the counsel for the petitioner does not press the same, as according to him the petitioner has already been given promotion.

(3.) NOW, the question arises whether withholding of two increments with cumulative effect is a minor penalty or major penalty and if it is major penalty, whether the respondent has complied with the procedure in holding an enquiry in the misconduct after giving an opportunity to the delinquent employee in the manner provided by rules.