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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 explanation by the communication dated 24th March 2018. By the impugned order, in terms of Rule 5(1) of the Maharashtra Civil Service (Discipline and Appeal) Rules, 1979 (henceforth, “MCS Rules”), the punishment of stoppage of one annual increment with permanent effect was imposed on the petitioner.
3. The impugned order has been passed after considering the written explanation of the petitioner. In the impugned order, it is recorded that (a) time and again, the petitioner is responsible for troubling the students ; (b) not allowing them to sit in the class-room ; (c) non-coope
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 ....
The imposition of a penalty not prescribed under statutory rules is invalid, and cumulative penalties are not permissible under the Central Reserve Police Force Rules.
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