Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Surinder Kumar – Appellant
Versus
HRTC – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
1. Petitioner is aggrieved against an order issued by respondent No.3-the Deputy Divisional Manager, HRTC, on 06.03.2024 (Annexure P-2) imposing the penalty of stoppage of one annual increment for a period of two years without cumulative effect upon the petitioner. The appellate authority has also affirmed this penalty order.
2. Heard learned counsel for the parties and considered the case file.
3. Following order was passed in the matter on09.05.2025:-
“Notice. Mr. Dixit Sahotra, Advocate vice Mr. Deepak Sharma, learned counsel, appears and waives service of notice on behalf of the respondents.
Let the respondents come up with the instructions/reply as to whether before imposing penalty of stoppage of one annual increment for a period of two years without cumulative effect upon the petitioner, provisions of Rule 16 of the CCS (CCA) Rules, 1965 were followed by them or not.
List on 14.05.2025.”
Pursuant thereto, learned counsel for the respondents has placed on record instructions dated 13.05.2025 from respondent No.3 and submitted that the said instruction be treated as the stand of the respondents as separate reply is not intended to be filed by them. The
Disciplinary actions must adhere to procedural fairness, including providing a reasoned order and conducting an inquiry, to comply with principles of natural justice.
Disciplinary authorities must adhere to procedural fairness by recording reasons for disagreement with enquiry findings and allowing representation before imposing penalties.
Minor penalties cannot be imposed without conducting an enquiry or assigning reasons for dispensing with the enquiry, in accordance with the principles of natural justice.
Minor penalties require adherence to procedural fairness, including an inquiry, failing which the penalty is void.
The main legal point established is that the imposition of a minor penalty must comply with the provisions of Rule 16 of M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 and the pri....
The disciplinary authority must provide the enquiry report and communicate any points of disagreement to the employee to uphold principles of natural justice.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
