JALAJA G PRABHU Vs. BOARD OF TRUSTEES

JUDGEMENT

(1.) The foundational basis of the issues in this appeal rests on an order issued by the first respondent - Board of Trustees of Dr.Padiar Memorial Homeopathic Medical College, Chottanikkara, Ernakulam. The order impugned is placed on record as Exhibit P13, which is dated 08.02.2012, under which the appellant herein, who is working as a Lower Division Clerk in the said College, was imposed with the punishment of barring of one increment with cumulative effect and reduction of pay by one stage on a permanent basis.

(2.) As is clear from Exhibit P13 order, the two punishments imposed are not with relation to one incident but with regard to two separate sets of allegations and accusations. Even though the allegations against the appellant relate to two different dates, they are, in its essence, analogous in nature, which is that she has been accused of indiscipline and insubordination, in refusing to comply with the directions issued by the Principal of the College.

(3.) The records available on file would show that the appellant was initially proceeded against in the year 2002 on the accusation that she had committed gross insubordination by refusing to discharge her duties in the hospital, which led to Exhibit P4 order imposing punishment of barring of two increments. The appellant appears to have filed an appeal against this and by Exhibit P9 order dated 02.06.2004 the punishment earlier imposed was reduced to barring of one increment for a year without cumulative effect.