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ROHIT ARYA
MANIRAM OJHA – Appellant
Versus
MADHYA PRADESH MADHYA KSHETRA VIDYUT VITARAN COMPANY LTD. , BHOPAL – Respondent
ORDER : – Petitioner while serving on the post of AG-3 has been visited with the penalty of withholding of one increment without cumulative effect and recovery of Rs. 13,248/- by the impugned order dated 10-5-2012 (Annexure P/1). The appeal arising therefrom has been dismissed vide order dated 20-5-2013 and review has also been dismissed vide order dated 12-5-2017. The orders dated 20-5-2013 and 12-5-2017 are filed as Annexure P/2.
2. Shri D. P. Singh, learned counsel for the petitioner while taking exception to the impugned orders inter alia has made following submissions :
(i) Though the petitioner was issued show cause notice dated 9-11-2011 purportedly under Rule 16 of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as the “1966 Rules”), however regular enquiry ought to have been held as petitioner has denied the charges. That was not done. Therefore, the impugned penalty is bad in law. (ii) The Appellate Authority has not considered the grounds raised in the appeal, though under Rule 23 of 1966 Rules the Appellate Authority ought to have considered each and every ground raised. Failure in that behalf has polluted the appe
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....
The classification of a disciplinary penalty as major or minor determines the required procedure; this classification is governed solely by the rules in force at the time the disciplinary proceedings....
Disciplinary action must adhere to principles of natural justice; vague charges necessitate a proper inquiry, and appellate decisions require thorough reasoning.
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