MANISH KUMAR TIWARY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Sumir Prasad, learned counsel for the petitioner and Mr. P.K. Prasad, learned counsel for the respondents.

(2.) THE petitioner appears to be a habitual offender. Paragraph 7 of the order of the Appellate Court clearly indicates that he had overstayed four times earlier and on the previous occasion he had been removed from service after a proper departmental enquiry but taking a lenient view in a Revision Petition, the IG/ES had reinstated him in service on purely sympathetic consideration and had inflicted a lesser punishment of reduction of pay to the lowest stage for a period of three years with a further direction that he will not earn increments of pay during the period of reduction and that on expiry of the said period, the reduction will have the effect of postponing his future increments of pay.

(3.) THE Supreme Court while noticing the aforementioned facts of that case held as follows : - -