GURINDER SINGH SETHI Vs. STATE OF U P

JUDGEMENT

(1.) AMITAVA Lala, J. The writ petitioner has challenged the order dated 5th July, 2006, by which he has been put under suspension. Admittedly the charge-sheet has already been forwarded and the reply has been given. However, the petitioner contended that the charges, which are levelled against him, cannot derive at major penalties. Therefore, he should not be held up under suspension.

(2.) FIRST proviso to Rule-4 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as the 'rules, 1999') dealing with the provision of suspension is putting certain restrictions in respect of the same. The relevant part being Rule 4 (1) with first proviso is quoted hereunder: "4. Suspension.- (1) A Government servant against whose conduct an inquiry is contemplated, or is proceeding may be placed under suspension pending the conclusion of the inquiry in the discretion of the appointing authority: Provided that suspension should not be resorted to unless the allegations against the Government servant are so serious that in the event of their being established may ordinarily warrant major penalty: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '' Rule 3 of the Rules, 1999 gives list of minor and major penalties, which are as follows: "3. Penalties.-The following penalties may, for good and sufficient reason and as hereinafter provided, be imposed upon the Government Servants: Minor Penalties: (i) Censure; (ii) Withholding of increments for a specified period; (iii) Stoppage of an efficiency bar; (iv) Recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of orders; (v) Fine in case of persons holding Group 'd' posts: provided that the amount of such fine shall in no case exceed twenty five per cent of the month's pay in which the fine is imposed. Major Penalties: (i) Withholding of increments with cumulative effect; (ii) Reduction to a lower post or grade or time scale or to a lower stage in a time scale; (iii) Removal from the service which does not disqualify from future employment ; (iv) Dismissal from the service which disqualifies from future employment. Explanation.-The following shall not amount to penalty within the meaning of this rule, namely: - (i) Withholding of increments of a Government servant for failure to pass a departmental examination or for failure to fulfil any other condition in accordance with the rules or orders governing the service; (ii) Stoppage at the efficiency bar in the time scale of pay on account of ones not being found fit to cross the efficiency bar; (iii) Reversion of a person appointed on probation to the service during or at the end of the period of probation in accordance with the terms of appointment or the rules and orders governing such probation. (iv) Termination of the service of a person appointed on probation during or at the end of the period of probation in accordance with the terms of the service or the rules and orders governing such probation. "

(3.) THESE deficiencies in personal character or personal ability do not constitute misconduct for the purpose of disciplinary proceedings. There the Court quoted meaning of the word "misconduct" from Stroud's Judicial Dictionary, as follows: "misconduct means, misconduct arising from ill motive; acts of negligence, errors of judgment, or innocent mistake, do not constitute such misconduct. "