The Tribunal confirmed that the authority of punishment lies with the Department, and the quantum of penalty cannot be interfered with unless proven arbitrary.

ORDER

Per: Mr. Umesh Gajankush, Member (J)

The present O.A. has been filed by the applicant seeking following reliefs:

a. This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the Respondents and after examining the same quash and set aside the impugned orders dated 07.01.2014, 30.06.2014, 25.11.2014 and 10.12.2020 with all consequential benefits.

b. This Hon'ble Tribunal may further be pleased to release all promotions of the Applicant which are withheld on account of pendency of disciplinary proceedings and/or impugned orders dated 07.01.2014, 30.06.2014, 25.11.2014 and 10.12.2020.

c. This Hon'ble Tribunal may further be pleased to direct the Respondents to pay to the Applicant arrears of difference of pay and allowances arising out of setting aside all the impugned orders dated 07.01.2014, 30.06.2014, 25.11.2014 and 10.12.2020 as well as grant of promotions along with interest @ 18% per annum.

d. Costs of the application be provided for.

e. Any other and further order as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be passed.

2. This is the second round of litigation at the instance of applicant; earlier OA No. 210/378/2018 was filed by the applicant in which this Tribunal has recorded following facts: -

2.1. The undisputed fact leading to the present OA is that a departmental proceeding was initiated against the applicant. The precise charges are that he did not cooperate in the vigilance investigation and had destroyed evidence against him lying within the control of the Vigilance Departmental forcibly. The Inquiry Officer had reported the charges as proved. A copy of the inquiry report was provided to the applicant and after considering all the relevant facts and documents on record, the Disciplinary Authority passed the order of punishment dated 07.01.2014 in the form of reduction of pay by four stages in the same scale of pay for a period of 10 years with cumulative effect.

2.2. The applicant preferred a statutory appeal dated NIL (Annexure A-8). However, the Appellate Authority did not pass any order thereon, such appeal rather on the advice received from the Vigilance Branch of the respondents, the Revisionary Authority issued a show cause notice dated 05.05.2014 (Annexure A-9) proposing to enhance the penalty. The applicant submitted his reply dated 15.05.2014 (Annexure A-10) to such show cause notice.

2.3. In the said reply, the applicant has submitted that he has cooperated with the Vigilance Branch of the respondents during the inquiry proceedings, however, the Disciplinary Authority has imposed serious penalty and that has put the applicant into grave financial hardships and any enhancement in such punishment is going to further demoralize the applicant, in as much as the applicant's wife, one school going daughter, one small daughter and also the old aged parents were depending upon the applicant. Therefore, he requested the Revisionary Authority to take a lenient view on humanitarian grounds by not enhancing the penalty.

2.4. However, the Revisionary Authority passed the order dated 25.11.2014 (Annexure A-3) enhancing the penalty in the forms of reduction in post and grade with Grade Pay of Rs.1900/- as Junior Ticker Examiner in the Pay Band of Rs. 5200-20,200 with pay fixed at pay Rs. 5200/- and Grade Pay of Rs.1900/- with cumulative effect, affecting the applicant's promotion and retirement benefit for a period of 15 (fifteen) years. The order further contained that the applicant will subsequently earn his increment and promotion from reduced pay of Rs. 5200 only as and when his nex