MADAN MOHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 22.10.1992 (Annexure P-3) whereby one annual grade increment without cumulative effect of the petitioner was stopped.

(2.) The pleaded case of the petitioner is that he was issued a charge sheet under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 (hereinafter referred to as "the Rules") on 23.1.1991 and the detail of allegations mentioned in the said charge sheet. The petitioner thereafter gave his detailed reply to the said charge sheet on 13.3.1991 and requested that the same may be dropped and he may be discharged from the said charges. It is further the case of the petitioner that no Enquiry Officer was appointed and the respondent adopted a short cut method and imposed penalty of stoppage of one annual increment without cumulative effect which is subject matter of the present writ petition.

(3.) State in its reply took the plea that minor penalty could be awarded if the imposition of major penalty is not warranted. Reliance was placed upon the judgment of the Hon'ble Apex Court in Shadi Lal Gupta Vs. State of Punjab, 1973 1 SLR 913. It was further averred that the decision in State of Punjab and others Vs. Chaudhary Manphool Singh,1986 1 SLR 484 was not in the knowledge when the order was passed. The impugned order was defended on the ground that it is speaking one and passed with full application of mind.