JUDGMENT :

Vishal Mishra, J.

1. With the consent of parties, the matter is finally heard.

2. Present petition has been filed assailing the order dated 07.07.2018 whereby, the penalty of withholding of one increment with non cumulative effect has been passed against the petitioner by the respondent no. 3. Petitioner is also assailing the order dated 18.12.2018 passed by the Commissioner, being appellate authority whereby, the order passed by Collector district Morena is being upheld.

3. It is alleged that the petitioner was posted as Assistant Teacher in Govt. Primary School Tenhta, Block and District Morena. In the Govt. District Institute of Education Training (DIET) the examinations of D.EL.Ed. was conducted by National Open University Noida between 31.5.2015 to 2.6.2018 in the DIET building Morena, wherein, the petitioner was engaged as an invigilator in the computer room of the examination center. On 1.6.2018, Sub Divisional Officer, Morena has inspected the examination center and two cases of unfair means being done by two candidates were found, on the basis of which, a notice dated 2.6.2018 was issued to the petitioner levying the allegations against him that various chits were f