SAIAWIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) By this application under Art. 226 of the Constitution, the petitioner has prayed for appropriate writ for quashing and setting aside the order dated 20.5.1996 withholding his increments for two years, the order dated 25.10.1996 imposing on him penalty of reduction to lower time scale of pay and the order dated 20.6.1997 removing him from service.

(2.) I have heard Mr. H. Lalrinthanga, learned counsel for the petitioner as well as Mr. T. Vaiphei, learned Assistant Advocate General for the State respondents.

(3.) The petitioner was appointed as a Driver under the Govt. of Mizoram vide order dated 9.12.1988 (Annexure-I). His explanation was called for non- compliance of instruction, vide order dated 13.9.1991 (Annexure-II). Pending drawal of disciplinary proceedings he was placed under suspension vide order dated 8.11.1991 (Annexure-III). It was, however, revoked by a subsequent order dated 6.7.1992 (Annexure-IV). His increments with withheld for two years due on 1.12.1996 and 1.12.1997 vide order dated 20.5.1996 (Annexure-VII) on the ground that he was convicted under Sections 290/510 Indian Penal Code and was sentenced thereunder to pay a fine of Rs. 60.00 and, in default, three days simple imprisonment. He was warned for attending Officer on 11.7.1996 under influence of liquor vide letter dated 31.7.1996 (Annexure-VIII). The Central Civil Services Rules, 1964 prescribed punishment for those Govt. Servants who indulge in drinking during Officer hours. He was given an opportunity of making representation on the proposed penalty of reduction to lower time scale of pay vide order dated 16.9.1996 (Annexure-X) on the ground that he was convicted under Sections 290/510 Indian Penal Code and was sentenced thereunder to pay a fine of Rs. 100.00 and in default to four days' simple imprisonment. After giving him an opportunity of personal hearing and due consideration of his representation, the penalty of reduction to lower time scale of pay was imposed on him vide order dated 25.10.1996 (Annexure-XII). As against this order and the earlier order dated 20.9.1996 (Annexure-VII) imposing punishment on him, the petitioner has approached this court seeking remedy after a long lapse of time. He filed instant Writ Petition only on 23.3.1999.