K MURTHY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved against the order of the 3rd respondent dtd. 7/11/2015, the order of the Appellate Authority namely, the 2nd respondent dtd. 19/5/2016 and the order of the Revisional Authority dtd. 17/3/2017 namely, the 1st respondent. Consequently, the petitioner seeks for a direction to the respondent to pay back the petitioner, the recovered amounts.

(2.) The following are the short facts which have driven the petitioner to file the present writ petition. While, the petitioner was working as Assistant Engineer (Mechanical), a charge memo dtd. 28/5/2013 was issued on him listing out four articles of charge. The petitioner gave explanation on 14/6/2013 denying the charges. The explanation was rejected and domestic enquiry was conducted. Consequent upon the report submitted by the Enquiry Officer holding that the charges 1 and 3 are proved and charges 2 and 4 are not proved, the 3rd respondent after issuing show cause notice dtd. 17/8/2015 and receiving the explanation from the petitioner dtd. 9/10/2015, passed the impugned order dtd. 7/11/2015 by imposing a punishment of penalty of withholding of increment with cumulative effect for a period two years. The petitioner preferred an appeal before the 2nd respondent on 13/12/2015. The said appeal was also dismissed, however, by the very same person who passed the original order of punishment. The petitioner filed further revision before the 1st respondent, who also rejected the revision on 17/3/2017.

(3.) A counter affidavit is filed by the 1st to 3rd respondents, wherein the facts and circumstances warranting the imposition of punishment on petitioner were dealt with in detail. Apart from the above statement, it is also stated in the counter that the 3rd respondent was entrusted with the additional charge of the 2nd respondent by the Ministry of Shipping, Government of India, through their letter dtd. 7/3/2016 and therefore, the 2nd respondent only in the capacity of Appellate Authority, has passed the orders in the appeal upholding the punishment.