Disciplinary authorities must follow defined procedures; recommendations made pending inquiries must align with statutory guidelines to avoid facilitating misconduct.

JUDGMENT :

Deepak Roshan, J.

W.P.(S) No. 4411 of 2020

The instant writ petition has been preferred by the Petitioner for the following reliefs:

(i) For quashing the punishment order dt. 31.08.2017 (Annexure-14) passed by the Respondent No. 3, whereby and whereunder petitioner has been awarded minor penalty of "withholding of two increments for a period of two years without cumulative effect" in the matter of minor penalty proceedings initiated against him by the Memorandum of the Charge dt. 7.10.2016 issued to him and also to quash the Appellate Order dt. 28.01.2020 (Annexure-16) passed by Respondent No. 1, whereby and whereunder punishment of withholding of two increments for a period of two years without cumulative effect, inflicted upon the petitioner has been upheld by the Respondent No. 1/Appellate Authority in the matter of departmental appeal; against the said punishment; preferred before him by the petitioner.

(ii) For a further direction(s) upon the respondents to grant petitioner’s basic of Rs. 1,58,280/- as on 01.04.2018 and to continue with the same and fixing his further basic thereby as to Rs. 1,63,030/- as on 01.04.2019, which have been withheld consequent to passing of punishment order dt. 31.08.2017 (Annexure-14) and pay the arrears with consequential benefits arising thereof, alongwith interest.

W.P.(S) No. 1595 of 2021

The instant writ petition has been preferred by the Petitioner for the following reliefs:

(i) For quashing the punishment order dt. 31.08.2017 (Annexure-10) passed by the Respondent No. 3, whereby and whereunder petitioner has been awarded minor penalty of "withholding of three increments for a period of three years without cumulative effect" in the matter of minor penalty proceedings initiated against him by the Memorandum of the Charge dt. 7.10.2016 issued to him and also to quash the Appellate Order dt. 28.01.2020 (Annexure-17) passed by Respondent No. 1, whereby and whereunder punishment of withholding of three increments for a period of three years without cumulative effect, inflicted upon the petitioner has been upheld.

(ii) For a further direction upon the respondents to grant petitioner’s entitled basic as on 01.04.2018, 01.04.2019 and 01.04.2020, which have been withheld consequent to passing of punishment order dt. 31.08.2017 (Annexure- 10); and pay the arrear with consequential benefits thereof.

(iii) Upon quashing and setting aside the impugned orders a further direction upon respondents to grant promotion to the petitioner from the post of Senior Manager (P) in E-6 Grade to the post of Chief Manager (P) in E-7 Grade retrospectively from the date, when his juniors in the post of Sr. Manager (P)/E-6 Grade have been promoted; alongwith payment of back wages arising thereof, as petitioner was not considered for promotion owing to currency of punishment of withholding of annual increments for three years.

2. Since issues involved in both these writ applications are same and similar and are also interconnected; as such, both were heard together and being disposed of by this common order. The brief facts lie in a narrow compass. The petitioners, Shri Pramod Kumar Sinha and Shri Bharatjee Thakur, are officers in the executive cadre under the Personnel Discipline