P.K. GUPTA Vs. DIRECTOR NEHRU MEMORIAL MUSEUM

JUDGEMENT

(1.) The appellant/writ petitioner before us was working as a Photographer with the respondent and was entrusted with the task of preparing xerox copies for the Scholars on payment, besides preparing xerox copies for official purposes for different units of the respondent. The appellant was served with the following Articles of Charges:-

(2.) The Inquiry Officer held the charges to be proved, vide report dated 23.2.2005. Pursuant to the aforesaid report, the Disciplinary Authority, vide order dated 6.8.2007 imposed penalty of reduction by three stages in the time scale of pay for a period of three years upon the appellant with directions that he would not earn increments of pay during the period of penalty and on the expiry of period of penalty, the reduction would have the effect of postponing the future increments of pay. The appellant preferred a departmental appeal against the order passed by the Disciplinary Authority. He also filed WP (C) No.3788/2008 challenging the penalty imposed upon him. During the pendency of the writ petition, the departmental appeal filed by him was dismissed by the Appellate Authority on 28.5.2008. The appellant then withdrew WP(C) No.3788/2008 with liberty to challenge the order passed by the Appellate Authority. Another writ petition being WP(C) No.5911/2008 was then filed by him challenging the orders passed by the Disciplinary Authority and the Appellate Authority. The learned Single Judge, vide impugned order dated 18.8.2008 dismissed the writ petition.

(3.) Being aggrieved from the dismissal of the writ petition, the appellant is before us by way of this appeal.