ASHU NANDAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, by means of present writ petition under Article 226 of the Constitution of India, has challenged the order passed by respondent No. 1 dated 30th July, 2002, whereby the respondent No. 1 has passed an order directing that during the period of suspension, the petitioner shall not be entitled to any payment of salary, except what has already been paid to him, as he has been awarded punishment of warning.

(2.) WE have heard learned Counsel appearing on behalf of the petitioner and learned Standing Counsel for respondent No. 1 as well as Sri C. K. Parekh, learned Counsel for respondents 2 to 4.

(3.) IT is not disputed that the provisions of U. P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as '1999 Rules') are applicable to the petitioner. Under Rule 3 of the aforesaid 1999 Rules, which is reproduced below, the punishment that can be imposed on a Government employee has been enumerated : "3. Penalties.- The following penalties may for good and sufficient reason and so hereinafter provided, be imposed upon the Government servants : Minor Penalties : (i) Censure; (ii) Withholding of increments for a specified period; (iii) Stoppage at an efficiency bar; (iv) Recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach or 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 months 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 state in a time scale; (iii) Removal from the service which does not disqualify from future employment; 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 increment 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. "