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G.S.AHLUWALIYA
Kunwar Pal Singh Sikarwar – Appellant
Versus
State of M. P. – Respondent
JUDGMENT :
Gurpal Singh Ahluwalia, J.
1. This petition under Article 226 of the Constitution of India has been filed against the order dated 18/12/2018 passed by respondent no. 2 in case No. 283/2017-18/Appeal (CCA) and order dated 7/7/2018 passed by respondent no. 3 in case No. SC-2/Exam/2018, by which a minor penalty of withholding one increment without cumulative effect has been imposed.
2. The necessary facts for disposal of the present petition in short are that the petitioner is holding the post of Sahayak Adhyapak and he was appointed as Invigilator on 1/6/2018 in Computer Room, Examination Center DIET Morena where cases of unfair means were found and accordingly, a notice dated 2/6/2018 was issued to the petitioner by the respondent no. 3, which was replied by the petitioner denying the allegation regarding his negligence in the discharge of duties. After considering the reply submitted by the petitioner, the respondent no. 2 came to a conclusion that the petitioner was negligent in discharging his duties and, therefore, punishment of withholding one increment without cumulative effect was imposed. Being aggrieved by the said order, the petitioner preferred an appeal, which t
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....
Imposition of minor penalty must adhere to the principles of natural justice and consider the employee's reply, as per Rule 16 of CCA Rules, 1966 and legal precedents.
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....
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