CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 11^th day of September, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member B.S. Jaya Kumar S/o Late Sunder Rao, Aged about 54 years, Occ: Clerk, Funds, CR Cell - IV, O/o The Accountant General, (A & E), Andhra Pradesh & Telangana, Hyderabad - 500 004 ..... Applicant.

(By Advocate: Mr. M Venkanna)

Vs.

1. Union of India represented by The Accountant General (A & E), Andhra Pradesh & Telangana, Hyderabad - 500 004

2. The Deputy Accountant General (W& F), O/o The Accountant General (A & E), Andhra Pradesh & Telangana, Hyderabad - 500 004.

... Respondents (By Advocate: Ms. Rachna Kumari, SC for AG)

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ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicant is seeking the following relief:

“This Hon'ble Tribunal may be pleased to quash and set aside the appellate order of the 1s respondent vide Memo No. AG (A&E/AP&IS/ CoC/DC-2/8-350(A)/ 2016-17/ 63 Dated 23/26-05-2016 modifying the punishment of withholding of next increment for a period of 3 years with cumulative effect vide Memo No. AG (A&E/AP&TS/ CoC/DC-2/8- 350(A)/ 2016-17/ TR - 492 Dated 16-12-2015 issued by the 2"d respondent to that of withholding next increment for a period of 2 years with cumulative effect", being the same as illegal, arbitrary and based on no evidence and contrary to the procedure established under law and be pleased to pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The brief facts of the case, as contended by the applicant, are that he was appointed as Group D on 07-07-1992 and was promoted to the cadre of LDC on 10/1995 followed by further promotion to the cadre of Accountant in the year 2006 and continued in the said cadre and he was reverted back to the cadre of clerk in the year 2010 for want of getting through the mandatory departmental qualifying tests.

3. It is the contention of the applicant that he was issued with Memo dated 11.03.2014 under Rule 14 of CCS (CCA) Rules, which culminated into imposition of penalty of withholding of an increment for 3 years. The said charge in the above proceedings is in connection with the alleged argument of the Applicant with Sri J Murali Krishna, the staff of DAG (A), in the presence of one Sri C. Gowrinath. Subsequently, the heated arguments between the applicant and Sri C. Gowrinath allegedly took place, against which the said Gowrinath complained against the applicant and based on the same, another memo dated 19/23.03.2015 was issued. In the said proceedings, IO report was submitted on 13.10.2015 against which, applicant submitted his defence brief on 26.10.2015. However, vide order dated 16.12.2015, the applicant has been imposed with penalty of withholding of increment for 3 years with cumulative effect. The applicant preferred an appeal dated 11.01.2016, wherein the Appellate Authority reduced the period of penalty to 2 years instead of 3 years, vide order dated 23.05.2016, challenging the appellate Order issued by the 1st respondent vide Memo No. AG (A&E/ AP&IS/ CoC/DC-2/8-350(A)/ 2016-17/ 63 Dated 23/26-05-2016 modifying the punishment from withholding of next increment for a period of 3 years with cumulative effect to withholding of next increment for a period of 2 years with cumulative effect imposed by the 2nd respondent vide Memo No. AG (A&E)/AP&TS/ CoC/DC-2/8-350(A)/ 2016-17/ TR - 492 Dated 16-12-2015, for the alleged offence of threatening to stab a colleague official Sri Gowrinath who is said to have been present in the Sr. DAG Admin room when the applicant is stated to have made a gesture to slap one Sri J. Murali Krishna, Sr. Accountant Staff of Sr. DAG(Admin Peshi) when Sri Murali Krishna resisted to give permission to see the senior DAG (Admin) on the previous occasion on 20-01-2014 and on whose complaint a charge sheet was issued that came to be concluded i