Withholding increments with cumulative effect permissible as major penalty under Rule 66 after regular enquiry; challenge after 16-year delay barred by laches, no continuing cause of action from recurring effect.

ORDER :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. D.S. Deka, learned counsel for the petitioner. Also heard Mr. D. Bora, learned Govt. Advocate, Assam appearing for the State respondent as well as Mr. B. Chakraborty, learned standing counsel, AG(A&E), Assam.

2. The petitioner by way of instituting the present writ petition has presented a challenge to the order dated 11-05-2007, issued by the Commandant, 3^rd Assam Police Battalion, Titabar, imposing upon the petitioner a penalty of stoppage of 04 (four) annual increments with cumulative effect on conclusion of the Disciplinary Proceeding instituted against him.

3. As projected in the writ petition, the petitioner while working as Havildar/ Head Constable in the 3^rd Assam Police Battalion, Titabar, in view of his unauthorized absence, came to be placed under suspension vide order dated 04-08-2006. Thereafter, a show- cause notice dated 18-08-2006 came to be issued to the petitioner invoking the provisions of the Assam Police Act read with Assam Police Manual, on the allegation of having remained under unauthorized absence. The show-cause notice also refers to the past service records of the petitioner, to the effect that he had a habitually overstayed leave, as well as deserted from lawful duties. The petitioner on receipt of the said show-cause notice submitted his reply on 04-09-2006. The reply submitted by the petitioner not having found to be satisfactory and further clarification being required, the Disciplinary Authority vide communication dated 09-09-2006 required the petitioner to submit further clarification in the matter. The petitioner, accordingly, submitted his clarification thereon.

4. In view of the shortage of manpower occasioning in the unit, the petitioner was reinstated in his service by revocation of his order of suspension w.e.f. 10-10-2006. Thereafter, an enquiry was held in the matter with the participation of the petitioner and on conclusion of the said enquiry, the Enquiry Officer submitted his report holding the charge levelled against the petitioner to be established. The Disciplinary Authority of the petitioner, i.e. the 3^rd APBn., Titabar vide order dated 11-05-2007, proceeded to concur with the findings of the Enquiry Officer and imposed upon the petitioner, a penalty of stoppage of 04 (four) annual service increments with cumulative effect. In the said order, it was also projected that the petitioner for the misconduct committed by him was mandated to be imposed with penalty of dismissal, however, in view of the recent satisfactory conduct of the petitioner, he was given a lenient punishment. The period of suspension of the petitioner was also regularized and he was held to be entitled to only the subsistence allowance drawn for the said period. After passing of the order dated 11-05-2007, the petitioner is found to have accepted the penalty imposed upon him. After a lapse of considerable period of time, i.e. on 16-07-2012, the petitioner is found to have instituted an appeal against the said order passed by the Disciplinary Authority imposing the penalty upon him. The said appeal, however, was not disposed of by the respondent authority. It is the said backdrop the petitioner has instituted the present writ petition.

5. Mr. D.S. Deka, learned counsel for the petitioner at the outset has submitted that the petitioner was prevented from resuming his services after availing permissible leave on account of unforeseen medical condit