RAM GOPAL Vs. H R T C

JUDGEMENT

(1.) The petitioner has prayed for quashing of office order dated 26.5.1997 Annexure A-2 whereby the disciplinary authority had imposed penalty of stoppage of one annual increment without cumulative effect for a period of one year and the petitioner shall get only subsistence allowance for the period of suspension w.e.f. 18.12.1993 to 22.7.1996. In alternative, prayer has been made for a direction to the respondents to pay subsistence allowance to the petitioner w.e.f. 18.12. 1993 to 22.7.1996. The petitioner has also prayed that respondents may also be directed to give annual increments to the petitioner excepting for one year as per Annexure A-2. The petitioner has also prayed for direction to pay interest at the rate of 18% per annum on the arrears of amount, referred above.

(2.) The material facts are that petitioner while working as conductor was charge-sheeted under Rule 14 of the CCS (CCA) Rules, 1965 on 10.1.1994. The allegation against the petitioner was that he attempted to embezzle Rs. 57/- of the Corporation by carrying one passenger without ticket in Delux Bus No. HP-07-1447. The other allegation was that the petitioner was negligent in the performance of legitimate duty. The Inquiry Officer recorded a finding that charge No.1 has not been proved, but regarding charge No.2, the Inquiry Officer has held that the conductor (petitioner) had been negligent in performance of his duty.

(3.) The respondent No.3 without assigning any reason held petitioner guilty of charge and imposed penalty of with-holding one increment without cumulative effect and payment of subsistence allowance for the period 18.12.1993 to 22.7.1996 vide office order dated 26.5.1997 Annexure A-2. The petitioner was not paid subsistence allowance even as per office order dated 26.5.1997 Annexure A-2 for the period 18.12.1993 to 22.7.1996. It has been alleged that even though the penalty is for stoppage of one annual increment without cumulative effect for one year but the respondents have stopped all increments of the petitioner from the date of his suspension till the filing of the O.A. In the punishment order Annexure A-2, reasons have not been given. The disciplinary authority had not given to petitioner in writing the proposal to take action against him nor any opportunity was given to him to make representation which is in violation of Rule 16 (a) of the CCS (CCA) Rules.