ORDER :

1. The petitioner has challenged order dated 20/12/2021 (Anneuxure-P/1), whereby the punishment of withholding four increments with cumulative effect was imposed on him by respondent no.3 on account of certain misconduct found proved in the departmental enquiry. He has also challenged order dated 02/05/2023 (Annexure-P/1), whereby his appeal was partly allowed by respondent no.2 and major punishment was substituted by a minor penalty of stoppage of two increments without cumulative effect. The petitioner also challenges the charge-sheet dated 20/03/2020 (Annexure-P/9) being without jurisdiction.

2. The facts necessary for decision of this case are that the petitioner was initially appointed as Assistant Teacher in respondent-Tribal Welfare Department. He was posted as Warden in Post-Matric Boys Hostel No.2, 3 & 4, Shriram Colony, Lashkar, Gwalior. He was thereafter, transferred and posted as Warden in Boys Hostel, Behat, Gwalior.

3. With regard to his working as warden in Post-Matric Boys Hostel No.2, 3 & 4, Shriram Colony, Lashkar, Gwalior, certain complaints of financial irregularities were noticed. A preliminary enquiry was conducted by a committee of six members who prima-facie found the allegations correct. Accordingly, the Collector- respondent no.3 issued a charge-sheet on 20/03/2020 thereby levelling three charges against the petitioner. Charges related to using the amount of scholarship towards maintenance and repairing of the hostel no.2, 3 & 4. It was, thus, alleged that he misused the official funds. The petitioner submitted reply to the charge-sheet on 24/07/2020 (Annexure-P/10) thereby denying the allegations. He stated in his reply that the repairing and maintenance work of hostel was carried out on account of complaints made by the students before the Chief Minister and the same was got done on oral instructions given from time to time by the Assistant Commissioner, Sub- Engineer and the Deputy Collector. He also submitted that amount in question is not used by him for his personal purpose but has been utilized only for the betterment of the hostel.

4. In furtherance of the departmental enquiry, the Joint Collector was appointed as Enquiry Officer while the Assistant Commissioner, Gwalior was appointed as Presiding Officer. The enquiry was conducted and thereafter, a report was submitted by the Enquiry Officer on 05/10/2021 wherein he found charge no.1 & 3 as proved while charge no.2 as partly proved.

5. Respondent no.3, thereafter, passed the impugned order dated 20/12/2021 thereby imposing major punishment of withholding of four increments with cumulative effect on the petitioner. It was held that the petitioner has withdrawn amount of scholarship and has used the same for repairing of mess and hostel and also for other use of hostel. This was found to be misuse of the Government funds and dereliction of duty on the part of the petitioner. Being aggrieved, the petitioner challenged the punishment order before respondent no.2 who vide order dated 02/05/2023 (Annexure-P/1) though upheld the findings of guilt against the petitioner, however, modified the major punishment inflicted by respondent no.3 into a minor punishment of stoppage of two increments without cumulative effect. Notably respondent no.2 rendered a finding that respondent no.3 was competent to impose only minor punishment on the petitioner and the major punishment inflicted by him is without jurisdiction. He, accordingly, rectified the mistake by modifying major punishment into a minor punishment. Challenging these orders passed by respondents no.2 & 3, the petitioner has filed the present writ petition.

6. Learned counsel for the petitioner challenged the impugned action initiated against the petitioner at the instance of respondent no.3 being without jurisdiction. It is his submission that the respondent no.3 has been empowered to inflict only minor punishment on Class-III & IV employee vide notification dated 23/05/1996 (Annexure-P/12). It is