RAKESH KUMAR JAIN Vs. DISCIPLIMNARY AUTHORITY

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 24.12.2013 passed by the District Judge, Aligarh whereby a penalty of withholding of annual increment has been imposed against the petitioner with retrospective and cumulative effect for two years i.e. from 2012 under the provisions of Rule 23(1)(i) of the U.P. State District Court Service Rules, 2013 (hereinafter referred to as the Rules, 2013).

(2.) No departmental appeal has been filed by the petitioner. A preliminary objection has been raised by Shri Manish Goyal, learned counsel for the respondents that against the order of punishment an appeal lies to the High Court in terms of provisions of Rule 23 (9)(ii)(b) of the Rules, 2013.

(3.) This objection has been sought to be met by Shri Prakash Chandra Srivastava, learned counsel for the petitioner by submitting that the petitioner is covered by the Explanation to Rule 23(1), clause (i) of which provides that the following shall not amount to penalty within the meaning of this Rule: