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 2nd Semester of M.Sc. (Information Technology), came to respondent-employee and informed that he has been alleged to have been involved in unfair means while writing exam. Respondent-employee asked him to inform this fact to the Head of Department. Thereafter, respondent-employee along with Professor Amit Saxena (Head of Department), Shri Sadhu Prasad Pandey and Dr. H.S. Hota, unauthorizedly entered into examination center / control room and created obstructions in discharge of duties by the staff posted there. Respondent-employee was placed under suspension. Charge sheet containing two charges was served upon respondent-employee. First charge against respondent employee was that, he unnecessarily/ unauthorizedly entered into examination center without prior permission or information or direction of any competent authority and without there being any solid reason, and thereafter created obstructions in discharge of duties by officers/teachers posted in examination center/ examination control room, which amounts to grave indiscipline, misbehavior and misconduct as also violation of provisions of the Central Universities Act, 2009 (for short 'the Act of 2009') read with the University Ordinances / Statutes and the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short 'the Rules of 1965'). Second charge against respondent employee was to the effect that on 19.5.2010 he made unnecessary and unwanted interference by arguing in high pitch with the Invigilator in connection with unfair means case of Vikas Singh Parihar, student of 2nd semester of M.Sc. (IT), and also prevented exam staff from sealing answer sheets and record of said student, which amounts to disloyalty, irregularity and serious misconduct.

Respondent employee submitted reply to charge sheet denying charges leveled against him. The Enquiry Officer was appointed, who on completion of enquiry proceedings, submitted enquiry report dated 7.8.2010 holding that charges leveled against respondent employee are found proved except the charge that he interfered in proceedings of sealing of answer sheets. It was further recorded that Professor Amit Saxena, Head of Department, is also found involved, but since he was not charge sheeted, no comment is being made. On the basis of enquiry report submitted by the Enquiry Officer, the Vice Chancellor vide order dated 29.2.2012 inflicted major penalty of removal from service upon respondent employee. The order dated 29.2.2012 was put to challenge by respondent employee by filing writ petition.

Learned Single Judge vide order impugned affirmed findings recorded by the Enquiry Officer in report dated 7.8.2010 that charges of misconduct leveled against respondent-employee are found proved, but held that penalty of removal from service i