UNION OF INDIA Vs. PRANAB KUMAR

JUDGEMENT

(1.) THIS application is directed against the judgment and order dated May 11, 2006, whereby and whereunder the learned Tribunal has set aside not only the orders of punishment but also the entire disciplinary proceeding holding that the respondent employee was not given reasonable opportunity of being heard.

(2.) THE fact of the case is as follows : the respondent employee Pranab Kumar mukhopadhyay was chargesheeted on or about november 22, 1999 on various articles of charges of misconduct. He replied to the same and not being satisfied with his reply, regular enquiry proceeding was initiated by appointing enquiry officer. The enquiry officer after analyzing the evidence adduced, both oral and documentary, found the respondent employee guilty for committing misconduct. On receipt of the enquiry report, the disciplinary authority, viz. the Senior Commercial Manager (P. M.)passed an order of punishment on February 23, 2001 of stoppage of one increment for a period of one year with cumulative effect. This order of punishment was put in hold by letter dated July 27, 2001 by the said officer.

(3.) THEREAFTER, a representation was made on August 20, 2001 to the said officer for withdrawal of the aforesaid punishment. The said officer by order dated February 26, 2002, instead of withdrawing the punishment, without giving any chance of hearing whatsoever, enhanced the punishment with stoppage of increment for three years with cumulative effect. An appeal was preferred against those orders of punishment to the appellate authority. It appears that the appellate authority did not interfere with the last order of punishment viz. stoppage of increment for three years with cumulative effect.