Back
NAMIT KUMAR
Om Parkash (died) – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Namit Kumar, J.
This Regular Second Appeal has been filed by the plaintiff-appellant( s) against the judgment and decree dated 30.01.1992 passed by the Court of learned Additional District Judge, Jind, whereby appeal preferred by the defendant-respondent was allowed and suit of the plaintiff for declaration was dismissed.
2. Parties to the lis are being referred to as per their status before the trial Court. Brief facts of the case are that the plaintiff filed a suit for declaration to the effect that order dated 10.04.1986 passed by the Collector, Jind, vide which one increment of the plaintiff was stopped with cumulative effect and pay in excess of subsistence allowance was withheld during suspension period and order dated 26.06.1986 passed by the Collector, Jind, whereby one increment of the plaintiff was stopped with cumulative effect, are bad in law. The suit of the plaintiff was decreed by the Court of learned Additional Senior Sub Judge, Jind, vide judgment and decree dated 03.10.1991 and impugned order dated 10.04.1986 vide which one increment was stopped with cumulative effect and pay in excess of subsistence allowance withheld during suspension period and impug
Stoppage of increment with cumulative effect is a major penalty requiring a regular departmental inquiry; failure to conduct such inquiry renders the order illegal.
The stoppage of increments with cumulative effect is deemed a major penalty requiring a formal inquiry as per relevant regulations and previous court rulings.
The imposition of major penalties, such as withholding increments with cumulative effect, requires a proper enquiry as per established legal principles.
Stoppage of increments with cumulative effect is a major penalty requiring a departmental enquiry under the Chhattisgarh Civil Services Rules, 1966.
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....
The satisfaction of the disciplinary authority to decide on a regular departmental enquiry is subjective and not open for judicial review unless based on extraneous consideration or suffering from pe....
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
