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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.KARNIK, S.M.MODAK
Kiran Bhalchandra Bramhane – Appellant
Versus
Chief Executive Officer, Ambernath Municipal Council, Ambernath, Thane – Respondent
| Table of Content |
|---|
| 1. petition challenges notice and increment stoppage punishment. (Para 1 , 2 , 3) |
| 2. stoppage of increment with cumulative effect is major penalty. (Para 4) |
| 3. chief officer empowered for minor penalties under section 79. (Para 5 , 12) |
| 4. competence to impose minor penalty acknowledged with leniency. (Para 6 , 7) |
| 5. cumulative increment stoppage equals major penalty reduction. (Para 8 , 9 , 10 , 11) |
| 6. mcs rules procedure mandatory for major penalties. (Para 13 , 14) |
| 7. penalty modified to non-cumulative withholding without stigma. (Para 15 , 16 , 17 , 18 , 19) |
JUDGMENT :
M.S. KARNIK, J.
1. The challenge in this petition under Article 226 of the Constitution of India is to the show cause notice dated 17th March 2018 and the order dated 10th July 2018 issued by the respondent No.1–Chief Executive Officer–Ambernath Municipal Council, Ambernath (“Municipal Council”, for short).
2. The facts of the case in brief are that, the petitioner was appointed as an “Assistant Teacher” in the School run by the Municipal Council with effect from 3rd June 1995. On 17th March 2018, a show cause notice was issued to the petitioner alleging misconduct. The petitioner submitted a detailed explan
Stoppage of one annual increment with cumulative/permanent effect is a major penalty under service rules, equating to reduction to lower pay stage, requiring full departmental inquiry; may be modifie....
Stoppage of increments with cumulative effect is a major penalty requiring a departmental enquiry under the Chhattisgarh Civil Services Rules, 1966.
The court affirmed that a penalty classified as minor does not require a full inquiry, and the procedural requirements for imposing such penalties were adequately met.
The imposition of major penalties, such as withholding increments with cumulative effect, requires a proper enquiry as per established legal principles.
Stoppage of increment with cumulative effect is a major penalty requiring a regular departmental inquiry; failure to conduct such inquiry renders the order illegal.
The stoppage of increments with cumulative effect is deemed a major penalty requiring a formal inquiry as per relevant regulations and previous court rulings.
Suspended from service - Minimum period of permanent barring of increment shall not be less than one year and maximum period shall not be more than three years - Permanent barring of increment shall ....
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