K R RAI Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by order dated 25/26. 06. 2002 whereby a punishment of stoppage of four increments with cumulative effect was imposed upon the petitioner as well as the appellate order dated 22. 2. 2005 rejecting the petitioner's appeal and the order dated 17. 5. 2005 by which his application for review has been rejected.

(2.) THE case of the petitioner, before this Court, is that the petitioner, who was working as an Additional Treasury Accountant in the establishment of the respondents, was served with a charge-sheet in relation to loss caused to the government to the tune of Rs. 80,961/- and was ultimately punished with reversion to the post of Account Assistant for a period of two years by order dated 24. 7. 1986 after conducting a departmental enquiry against him. On an appeal being preferred by the petitioner before the Appellate Authority, the matter was remitted back to the Disciplinary Authority by order dated 12. 2. 1988 directing the Disciplinary- Authority to reconsider the matter. The Disciplinary Authority, by order dated 19. 6. 1989, modified the order of punishment of reversion to that of stoppage of four increments with cumulative effect with effect from 24. 7. 1986.

(3.) IT is stated that by that time the petitioner had already undergone the punishment of reversion on the post of Account Assistant for a period of two years and, therefore, the petitioner filed an appeal against the modified order of punishment, which suffered dismissal by order dated 2. 6. 1990. The petitioner being aggrieved filed an Original application before the M. P. State Administrative Tribunal which was registered as o. ANo. 1289/1991 and was allowed by order dated 6. 10. 1998, quashing the order of punishment as well as the Appellate order and directing the respondents to open the sealed cover and grant all benefits to the petitioner. It is stated that in the meanwhile, even prior to filing of the Original application before the Tribunal, the respondent / authorities promoted the petitioner on 29. 8. 1990 to the post of Internal Auditor and thereafter, subsequent to the order of the Tribunal, also granted him seniority on the post of Internal Auditor with effect from 28. 5. 1984 by order dated 28. 8. 1999 and also granted him due and proper placement in the seniority list.