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2004 Supreme(SC) 945

D.M.DHARMADHIKARI, Y.K.SABHARWAL
State Of U. P. – Appellant
Versus
CHATER SEN – Respondent


ORDER

1. The respondent was awarded the punishment of withholding of five increments in terms of the order dated 5-11-1991. He was compulsorily retired on 6-1-1992 on the basis of the recommendations contained in the minutes of the Screening Committee held on 5-12-1991. Both the orders i.e. withholding of five increments dated 5-11-1991 and that of compulsory retirement dated 6-1-1992. were successfully challenged by the respondent before the State Public Service Tribunal. The order of punishment as also of the compulsory retirement were quashed by the Tribunal, inter alia, holding that the order imposing punishment of withholding increments was passed without following the procedure for awarding major punishments. The writ petition filed by the State challenging the order of the Tribunal having been dismissed by the High Court, the State is in appeal on grant of leave.

2. Before the Tribunal, the stand taken by the State in the written statement, inter alia, was that the employee was served with show-cause notice dated 31-8-1990, he submitted his reply dated 12-9-1990, the order awarding punishment of withholding of 5 increments with future effect was passed under Rule 55 of the C



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