SURAJ MAL SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE question which has been referred to the larger Bench & which is to be decided may be extracted and it reads as under : - "whether while considering the case for promotion the minor penalty of stoppage of annual grade increments of one or more than one shall not be considered by the D. P. C. and if considered as a result of which a Government servant is not found fit to be promoted, it will amount to double jeopardy. "

(2.) THE necessity of reference of the aforesaid question arose because A Division Bench of this Court in the case of Prem Chand Kasliwal V. State of Rajasthan and others, (1) took a view that consideration of the minor penalty while considering the case for promotion and denying the promotion will amount to double jeopardy. In other words, in the case of Prem Chand Kasliwal (supra), a view has been taken that if on the basis of minor penalty of stoppage of annual grade increments without cumulative effect the promotion is with-held, it will mean that the Government servant has been punished twice, firstly by stoppage of annual grade increments without cumulative effect and secondly by with holding his promotion to the higher post.

(3.) WE answer the question referred to us as aforesaid. The case will now go to the Single Bench for decision in accordance with this order. .