YOGENDRA PRASAD SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 2.2.1994 contained in annexure -1, whereby and whereunder the Joint Commissioner, Administration of Kendriya Vidyalaya Sangathan (hereinafter referred to as 'Sangathan'). on appeal filed by the petitioner against the order of the disciplinary authority imposing penalty of withholding one increment of pay for the period of three years has reduced it to withholding of one increment for a period of one year without cumulative effect from the date of next increment, which would follow the date of original order dated 14.5.97.

(2.) IN short, the relevant facts are that 'the petitioner was chargesheeted on 28.3.1988 on misconduct of entering into the chamber of the Principal of the Sangathan and using derogatory language against the officers of the Sangathan. An enquiry was conducted with respect to the said charges and a report was submitted by the Enquiry Officer. The disciplinary authority, on perusal of the enquiry report found the petitioner guilty of the charges. However, to meet the ends of justice the penalty of withholding of one increment for the period of three years was imposed, vide memo dated 14.5.92. The petitioner, being aggrieved by the said order, filed appeal before the appellate authority, who on consideration of the records of the case, has finally disposed of the appeal by the impugned order.

(3.) MR . Kanth, learned senior Counsel appearing for the petitioner contended that the impugned orders of punishment cannot be sustained in the eye of law in view of the fact that copy of the enquiry report has not been served upon the petitioner before passing the orders of punishment.