ORDER

1. This petition under Article 226 of the Constitution of India has been filed seeking following relief :--

1. That, the order impugned dated 30.5.2022 contained in Annexure -P/1 passed by the respondent no.3 may kindly be quashed with all consequential effects, in the interest of justice.

2. That, the respondents may kindly be further directed to extend all consequential benefits including difference of arrears of pay with a further to pay the same alongwith interest @ 18% p.a. In the interest of justice.

3. That, any other order or direction which this Hon’ble Court deem fit and proper in the facts and circumstances of the case including the cost of litigation, may also be issued in favour of the petitioner.

2. By the impugned order dated 30th of May, 2022, Collector Gwalior has imposed the punishment of stoppage of increment with cumulative effect. The petitioner without availing the statutory remedy of appeal has approached this Court directly. Accordingly, on 11.10.2022, the following order was passed :--

The solitary ground to challenge the impugned order dated 30.5.2022 is with regard to the competence of Collector to impose major penalty. It is submitted by the counsel for the petitioner that by notification dated 23.5.1996 and 10.01.1997, the powers have been delegated to Collectors to exercise powers under rule 9 to suspend and Rule 10 to impose minor penalty on all employees of Class III and Class IV employees of all Departments, whereas by the impugned order, three increments have been withheld with cumulative effect which is major penalty in nature. Faced with such a situation, the counsel for the State prays for and is granted a week’s time to seek instructions in the matter and to place any notification by which the Collector has been empowered to impose major penalty against Class III and Class IV employees. List on 17.10.2022.

3. Thereafter on 17.10.2022 two weeks’ time was granted to the State counsel to comply the order dated 11.10.2022. On 11.11.2022, further time was granted to the State to comply the order dated 11.10.2022. On 5.12.2022, a statement was made by the counsel for the State that in spite of various communications with the Collector, Gwalior, he has not provided any circular/instructions to show that the Collector is a competent authority to impose major penalty on Class III and Class IV Employees and, accordingly, a day’s time was granted failing which, the Collector, District Gwalior was directed to remain present before this Court.

4. In the first half of the day, the counsel for the State again prayed for time and even the Collector, Gwalior was not present.

5. The only question in the present petition is with regard to competence of the Collector to pass the impugned order.

6. Accordingly, the case was passed over with a clear direction to the State counsel to either file the return or to keep the Collector, Gwalior present to substantiate his competence to pass the impugned order.

7. The case was taken up at 4 P.M. It was submitted by the counsel for the State that although they could not contact Collector, Gwalior but the OIC of the case has contacted the office of Additional Advocate General, and the return shall be prepared after the Court working hours are over. The said stand taken by the State counsel was shocking, specifically when the case has been adjourned on various occasions and it was specifically clarified in the morning session that the return has to be filed during the course of the day because the only question in the present case is with regard to the competence of the Collector to pass the impugned order and even a two line return could have been filed by the State pointing out the source of competence of the Collector. Looking to the short controversy involved in the present case, the OIC of the case was directed to directly address this Court on the question of competence.

8. Shri Akhilesh Shukla, Assistant Commissioner, Department of Cooperation, Gwali