Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Harish Kumar – Appellant
Versus
HRTC – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
During pendency of petitioner’s appeal against the penalty imposed upon him by the disciplinary authority, a show cause has been issued to him by the appellate authority as to why the penalty should not be enhanced. The said show cause notice has been impugned herein
2. Petitioner was appointed as Driver in the respondent- corporation. On 21.10.2015, his services were regularized but on probation. In July 2019, he was confirmed in service.
On 29.09.2023, a memorandum of charge-sheet was issued to the petitioner under Rule 14 of the Central Civil Services (Classification, Control and Appeal) [CCS(CCA) in short] Rules, 1965. On the basis of report of the Inquiry Officer, the Regional Manager HRTC, Rampur Unit-Disciplinary Authority passed office order on 13.11.2024 (Annexure P-2) imposing penalty of stopping one increment with cumulative effect. 19 days later i.e. on 02.12.2024, the Appellate Authority/Divisional Manager HRTC Shimla Division issued a show cause notice (Annexure P-3) to the petitioner that it being the Reviewing Authority, intended to enhance the penalty imposed by the Disciplinary Authority and therefore he was given an opportunity to mak
The Appellate Authority cannot enhance a penalty while an appeal against the original penalty is pending, absent new evidence or after the appeal period has expired.
A higher authority cannot enhance disciplinary penalties without an appeal from the employee, as procedural safeguards must be observed to ensure justice.
The court affirmed that a penalty classified as minor does not require a full inquiry, and the procedural requirements for imposing such penalties were adequately met.
The principle of double jeopardy prohibits imposing a second punishment on the same charge after the conclusion of the criminal case.
The doctrine of constructive res-judicata applies when a party fails to challenge certain findings in a previous petition, and the court cannot interfere with the disciplinary authority's decision if....
Statutory timelines in disciplinary procedures must be strictly adhered to, as violations render actions null and void.
It is well settled, by a series of rulings of Apex Court and various High Courts including Court, that in a case where disciplinary authority and enquiry authority are two different functionaries, th....
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
