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2021 Supreme(Chh) 305

SANJAY K.AGRAWAL
M. Ram Prasad Rao, S/o. Late Shri M. Surya Narayan – Appellant
Versus
State of Chhattisgarh, through the Secretary, Department of Agriculture & Animal Husbandry Department – Respondent


Advocates Appeared:
For the Petitioners:Mr. P. Acharya, Advocate, Mr. Vinod Deshmukh, Advocate.
For the Respondents: Mr. Animesh Tiwari, Dy. A.G.

ORDER :

(Through Video Conferencing)

1. Since common question of fact and law is involved in both these writ petitions, they are heard together and are being decided by this common order.

2. In a regular departmental enquiry held against the two petitioners herein and two other employees, the Disciplinary Authority (respondent No.2 herein) vide order dated 15/01/2009 (Annexure P-6) inflicted minor penalty under Rule 10(iv) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (in short 'Rules of 1966') withholding three annual increments with non-cumulative effect. The petitioners did not call in question the order dated 15/01/2009 (Annexure P-6) and it had thus attained finality, but thereafter, vide order dated 02/06/2010 (Annexure P-1), the Disciplinary Authority cancelled its earlier order (Annexure P6) of withholding three annual increments of the petitioners with non-cumulative effect and substituted it with the order of recovery of Rs.7,50,000/- from each of the petitioners, which has now been called in question by the petitioners by way of both these writ petitions.

3. Mr. P. Acharya, learned counsel for petitioner in WPS No. 3267/2010, as well as

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