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2022 Supreme(Chh) 515

ARUP KUMAR GOSWAMI, PARTH PRATEEM SAHU
Guru Ghasidas Central University, through Registrar – Appellant
Versus
Ashish Rastogi S/o. Shri Sitaram Rastogi – Respondent


Advocates Appeared:
For the Appellants :Mr. Ashish Shrivastava, Sr. Advocate assisted by Mr. Aman Pandey.
For the Respondent: Mr. Ranbir Singh Marhas.

ORDER :

Parth Prateem Sahu, J.

1. Both the above writ appeals arise out of common order and therefore, they were heard together and are being decided by this common order.

2. Appellant University filed W.A. No.440/2021 challenging legality and sustainability of order dated 24.11.2021 passed in WPS No.1154/2012 by which learned Singe Judge allowed writ petition in part, held punishment of removal from service to be disproportionate, modified punishment of dismissal from service into stoppage of one increment with non-cumulative effect and directed for reinstatement of respondent forthwith with all consequential service benefits.

3. Appellant Employee also filed W.A. No.23/2022 challenging imposition of penalty of stoppage of one increment with non-cumulative effect vide order dated 24.11.2021 passed in WPS No.1154/2012.

4. Brief facts of case are that in the year 1996 respondent-employee was appointed as Lecturer in the Department of Computer Science and Information Technology of Guru Ghasidas University, Bilaspur. He was awarded Ph.D. degree in the year 2002 and thereafter he was given pay-scale of ‘Selection Grade’. On 19.5.2010 one student by name Vikas Parihaar, who was studying in 2

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