Disciplinary actions for unauthorized absence, including penalties of reduction and dismissal, were upheld, affirming adherence to procedural rules and cautioning against claims of double jeopardy.

JUDGMENT

V. Kameswar Rao, J. - This petition has been filed challenging the order dated May 31, 2019 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, (`Tribunal', for short) in Original Application (OA) Nos.252/2016, 532/2016, 2739/2016 and Review Application (RA) No.50/2019 in OA No.2739/2016. OA No.252/2016 was filed to set aside the order of penalty dated October 23, 2015, OA No.532/2016 was filed against the order dated November 20, 2015, whereby the petitioner's salary has been stopped from January 2015. OA No.2739/2016 was filed to set aside the order of dismissal dated February 4, 2016. The Tribunal has decided the above OAs by a common order which has been impugned in this writ petition.

2. The petitioner was appointed as Stenographer Grade-III on October 8, 1993. He was promoted as Stenographer Grade-II and subsequently as Stenographer Grade-I. On March 24, 2014, he was granted 2nd Modified Assured Career Progression Scheme (`MACP', hereinafter) on completion of more than 20 years of continuous service. He participated in the departmental examination for promotion to the grade of Inspector held in 1998 and qualified the same. However, while his juniors and similarly situated persons in the respondent department were promoted, the petitioner was denied promotion to the grade of Inspector. In this connection, several litigation were initiated by the petitioner including OA No.1914/2010 before the Tribunal which vide order dated October 31, 2012 directed the respondent department to consider the grievances of the petitioner. During the pendency of the said OA, the respondent department stopped the salary of the petitioner for the month of July 2012 without issuing any notice to him. Consequently, the petitioner filed OA No.2777/2012, during the pendency of which, the respondent department started paying salary from October 2012. The Tribunal vide order dated May 30, 2014 directed the respondent department to pay the salary to the petitioner for the left out period, i.e., July, August and September, 2012.

3. Subsequently, a charge sheet dated July 4/7, 2014 was issued by the respondents and disciplinary proceedings were ordered to be initiated against the petitioner. The charge sheet was challenged by the petitioner by way of OA No.3281/2014, which was disposed of by the Tribunal directing the respondent No.3 herein to withdraw the charge sheet. Though, the respondent No.3 withdrew the charge sheet dated July 4/7, 2014, a fresh charge sheet dated December 4, 2014 was issued, alleging the petitioner's absence from July 25, 2011 to August 14, 2014.

4. The petitioner challenged the charge sheet dated December 4, 2014 in OA No.631/2015. During the pendency of the OA, departmental inquiry proceedings were initiated in charge sheet dated December 4, 2014, and a penalty order dated October 23, 2015 was issued, which reads as under:

"Order

Now therefore, for his acts of omission and commissions, discussed herein before, I order that:

i. Shri Ramakrishna Dutta, Stenograher Gr-1 (PB2-GP4200/-) is reduced to a lower post of Stenographer Gr-II (PBl, GP-2400/-) from 26.10.2015 for a period of 5 years.

ii. During the above period he will earn normal increment in the post of