ORDER :

1. Petitioner aggrieved with the order dated 15.07.2019 (Annexure P-2) in his appeal against the order dated 21.12.2018 (Annexure P-1) rejecting his appeal has preferred this writ petition seeking following reliefs.

“10.1 This Hon’ble Court may kindly be pleased to call the entire record of the case.

10.2 This Hon’ble Court may kindly be pleased to quashed the impugned order dated

21.12.2017 (Annexure P-1) & 15.07.2019 passed by the respondent No. 2 as the same is arbitrary and malafide.

10.3 Any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

2. Facts of the case in nutshell are that petitioner while his posting as District Education Officer, Gariyaband, teachers of Government Middle School, Rajkathi, Block-Fingeshwar on 17.10.2015 took 75 students on open tractor to Sonai Rupai temple. On the way tractor met with an accident due to which 05 students (2 boys 3 girls) died on spot, many of them suffered injuries. The Collector, District Gariyabandh, suspended the teachers as well as employees responsible for the accident vide order dated 17.10.2015. Petitioner failed to issue charge-sheet to the suspended employees within 45 days for which petitioner was served with a show-cause notice on 21.08.2017 stating that non-issuance of charge-sheet to the responsible employees within 45 days of their suspension is negligent act and is violative to Rule 3 of the Chhattisgarh Civil Services (Conduct) Rules, 1965 (henceforth “Conduct Rules, 1965”), proposing punishment of withholding one increment under Rule 10(iv) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (henceforth “CCA Rules, 1966”). Petitioner submitted reply and thereafter the order of punishment withholding one increment with non-cumulative effect was issued on 21.12.2018. Petitioner challenged the said order of punishment in a departmental appeal addressing to Hon’ble Governor vide dated 03.01.2019, the said appeal also came to be dismissed against which this writ petition is filed.

3. Learned counsel for petitioner would submit that the punishment of withholding one increment with non-cumulative effect is issued without complying the provision of Rules 16 of the CCA Rules 1966. The authority has not applied its mind recording finding that the full fledged departmental enquiry is not required. It is also contention of the learned counsel for petitioner that the authority issuing the order of punishment and the authority deciding the appeal against the punishment is one and the same and therefore the order is not sustainable. The submission of learned counsel for petitioner on merit is also that the respondent-authority has passed the order of punishment without considering the Circular issued by General Administrative Department Chhattisgarh State dated 20.05.1992 mentionign therein that where any criminal case is pending against any Government employee the proviso to Rule 9(5)(a) of CCA Rules, 1966 will not apply. Whereas the allegation in the showcause notice against the petitioner is that due to his non-issuance of charge memo to the suspended employees within 45 days of their suspension, it got automatically revoked and thereby the petitioner acted negligently. She places reliance upon the decision in WPS No. 4980 of 2009 (Ajeet Singh Jat vs. State of Chhattisgarh and others) to buttress her submission.

4. Learned State counsel vehemently opposed the submission of learned counsel for petitioner and would submit that respondent-Department considering the conduct of petitioner to be in violation of Rule 3 of the Conduct Rules 1965 issued show-cause notice. As in the notice itself the minor punishment is proposed considering the reply submitted by the respondents to be non-satisfactory, order Annexure P-1 dated 21.12.2018 was passed inflicting minor punishment of withholding one increment with non-cumulative effect. There is no irregula