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NELSON SAILO
Lanjewar Alok Kumar Udaychand – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Heard Mr. A.R Malhotra, learned counsel for the petitioner and Ms. Zairemsangpuii, learned CGC appearing for the respondents.
2. By filing this writ petition, the petitioner has challenged the Order dated 19.02.2020 (Annexure-5), by which he has been imposed with a minor penalty of withholding one increment of pay for a period of 1 (one) year w.e.f. 01.07.2020, without cumulative effect and not adversely affecting his pension by the respondent No. 5 in exercise of powers conferred by Rule 11 (iv) of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 (CCS CCA Rules). The petitioner has also challenged the Speaking and Reasoned Order passed by the respondent No. 4 on 16.06.2020 (Annexure-7) rejecting the appeal preferred by the petitioner and confirming the penalty imposed upon him by the respondent No. 5.
3. Brief facts of the case is that the petitioner who is working as Junior Engineer (Civil) under the respondent No. 3 organization was issued a Show-Cause Notice dated 14.12.2019 stating that he left from 71 RCC (GREF) w.e.f. 11.10.2019 without taking leave certificate and without informing concerned officials and Section-In-Charge which showed casua
Unauthorized absence from duty, failure to abide by leave application directions, and pre-planned leave without proper sanction constitute gross indiscipline, misconduct, and dereliction of duty unde....
Minor penalties require adherence to procedural fairness, including an inquiry, failing which the penalty is void.
Disciplinary Authorities must provide compelling reasons for diverging from an Inquiry Officer's findings and uphold principles of natural justice, ensuring fair opportunity for representation.
The court emphasized the limited scope of judicial review in disciplinary inquiries and upheld the competence of the CAD Commissioner to conduct the proceedings.
Recovery of embezzled amounts from an employee without departmental inquiry violates procedural safeguards, and the right to pension is protected as property under Article 300A.
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