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2021 Supreme(Tri) 45

AKIL KURESHI, S.G.CHATTOPADHYAY
Ajit Ranjan Biswas S/o Lt. Haripada Biswas – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. C.S. Sinha.
For the Respondent: Mr. B. Majumder.

JUDGMENT :

S.G. CHATTOPADHYAY, J.

1. Since both the petitions are arising from the same order and relieves sought for are also identical, they are clustered together for disposal by a common judgment.

2. The factual background of the case is a under:

    While the petitioners were working as Junior Telecom Officers (JTO) in Bharat Sanchar Nigam Limited (BSNL) at its Aizwal office in Mizoram, disciplinary proceedings were drawn up against them for misconduct. Such proceedings against them were conducted separately. Though Inquiry Officer held that charges of misconduct were not proved against them, the Disciplinary Authority disagreed with the decision of the inquiry officer and after providing to them opportunity of making representation, imposed penalty on them reducing their pay by two stages in the time scale of pay for a period of 02 (two) years with immediate effect and in the said penalty order it was further directed that petitioners would not be entitled to any increment of pay during the period of reduction and on the expiry of the said period, such reduction of pay would have the effect of postponing their future increments of pay.

3. Both the petitioners challenged the said order

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