LAWS(KER)-2017-6-140

UNION OF INDIA Vs. T.A.RAMAKRISHNAN

Decided On June 30, 2017
UNION OF INDIA Appellant
V/S
T.A.Ramakrishnan Respondents

JUDGEMENT

(1.) The basic question mooted before this Court is with regard to the scope of Rule 16 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 [herein after referred to as the Rules] which stipulates the course of proceedings to be pursued in respect of misconduct committed by the delinquent employee, especially, involving withholding of increments in relation to the period prescribed therein i.e. never to go beyond three years to have it confined as a minor penalty.

(2.) The respondents before the Tribunal in O.A. No. 1129 of 2012 are the petitioners before this Court. Challenge is against Ext. P3 order dated 19.06.2013, whereby the proceedings issued by the Department have been set aside and the O.A. has been allowed, directing the applicant to be considered for promotion as Weapon Fitter (MCM) in preference to his junior.

(3.) Heard the learned Central Government Counsel appearing for the petitioners as well as Smt. Sreekala T.N., the learned counsel appearing on behalf of the first respondent.