SURAJ MAI SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS court in the case of Prem Chand Kasliwal vs. State of Rajasthan & Ors (1), took a view that if minor penalty of stoppage of two increments without cummulative effect is imposed on a Government servant, then such Government servant is deprived of monetary benefit of two increments and such penalty could not have any effect in the matter of promotion of the petitioner. Denial of promotion to the petitioner on the basis of the said penalty in substance amounts to imposition of penalty of with-holding of promotion on the petitioner and that would mean that the petitioner has been punished twice, first by stoppage of increment for two years and the second, by withholding of promotion on the post of Office Assistant in 1983. With due respect to the learned Bench who decided the case, in my opinion the aforesaid view needs reconsideration by a larger Bench of more then two Judges. The reasons are as under:-

(2.) UNDER Rule 14 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short the 'c. C. A. Rules'), the nature of penalties have been enumerated and they are; (i) censure; (ii) withholding of increments of (or) promotion; (iii) recovery from pay of the whole or part of any pecuniary loss caused to the Government by negligence or breach of any law, rule or order; (iv) reduction to a lower service, grade or post, or to a lower time scale or to a lower stage in the time scale or in the case of pension to an amount lower than that due under the rules; (v) compulsory retirement on proportionate pension; (vi) removal from service which shall not be a disqualification for further employment. (vii) dismissal from service which shall ordinarily be a disqualification for further employment.

(3.) SO far as the petitioner is concerned, the writ petition has already been admitted and the apprehension of the petitioner is that he had already suffered once as a result of minor penalty and in future also he may suffer.