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1994 Supreme(SC) 792

M.K.MUKHERJEE, S.C.AGRAWAL
Executive Director, Syndicate Bank – Appellant
Versus
K. C. Arya – Respondent


Advocates:
MADHAVA REDDY

JUDGMENT

S.C. AGRAWAL, J.

(1) LEAVE granted.

WE have heard learned counsel for the parties.

(2) K.C. Arya, respondent no. 1 in both the appeals, was employed with the Syndicate Bank. Two separate disciplinary proceedings were initiated against him under the Syndicate Bank Officer-Employees (Discipline and Ap peal) Regulations, 1976, hereinafter referred to as the Regulations. The penalty of withholding of one increment with cumulative effect was imposed on him separately in both the proceedings. The procedure that was adopted for imposing the said penalty was that prescribed for imposing a minor penalty in the Regulations. Being aggrieved by the imposition of the said penalty, the respondent moved the High court of Punjab and Haryana by filing separate writ petitions under Articles 226 and 227 of the Constitution of India. The said writ petitions, which were numbered as Civil writ petition 2577 of 1992 and 14748 of 1981, were allowed by a learned Single Judge by his judgment dated 11/01/1993 on the ground that the penalty of withholding of one increment with cumulative effect is a major penalty and it could be imposed only after following the proced
















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