TEK CHAND SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) This application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985. The applicant has prayed for, inter -alia for the following relief (s):

(2.) (i) That the impugned orders dated 26.6.1999 at Annexure A -10 and order dated 25.11.2003 and 13.6.2001, Annexure A -12 and A -14 may be quashed and set aside and fort the period of absence the respondent department may be directed to regularize the same by granting leave of the kind due, with all consequential benefits. (ii) That the period of suspension with effect from 4.11.1997 to 23.3.1998 may be directed to be treated as on duty and respondent department may be directed to release full pay and allowances for this period. (iii) That the impugned inquiry report, which has been made the basis for imposition of the impugned punishment on the applicant may also be quashed and set aside with all consequential benefits.

(3.) In the present case the applicant was charge sheeted under Rule 14 of CCS (CCA) Rules and also placed under suspension. He was ultimately awarded penalty of with -holding of one increment without cumulative effect, which is undisputably a minor punishment But in the impugned order, Annexure A -10, while imposing the said punishment, the period of absence from duty has been treated as dies -on. In . reply to the prayer made by the applicant in para 7 (ii) of the original application to treat the period suspension as on duty no specific reply has been given Even in reply to the grounds 6.10.5 and 6.10 (6) the respondents have not denied that even the period of suspension of the applicant has been treated as dies -non. Thus it is clear that vide the impugned order at Annexure A -10, to the original application even the period of suspension of the applicant has been treated as dies non.