Punishments awarded to government employees must be in accordance with the discipline rules and multiple punishments should not be awarded for a single instance of misconduct.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Letters Patent Appellate Jurisdiction)

LPA No. 226 of 2022

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Jharkhand Urja Vikas Nigam Ltd. through its Senior Manager (Legal)

namely Arun Kumar Shrivastava, aged about 55 years, son of Late R.K. Lal,

resident of Gas Godam Road, P.O. & P.S.-Namkum, District-Ranchi.

... Appellant/ Respondent

Versus

1. Satish Kumar Sandwar, aged about 61 years, son of Late Raj Kishore

Prasad Sinha, resident of Flat No.101, 1^st Floor, Raj Mansion Apartment,

Block-B, Vikas Nagar, Road No.4, Singh More, Latma More, P.O. Haria,

P.S. Jagarnathpur, District Ranchi.

...Respondent/ Writ Petitioner

2. Chairman cum Managing Director, Jharkhand Urja Vikas Nigam Ltd.,

Engineering Building, HEC, Dhurwa, P.O. and P.S. Dhurwa, District

Ranchi.

3. General Manager (Personnel and General Administration), Jharkhand

Urja Vikas Nigam Ltd., Engineering Building, HEC, Dhurwa, P.O. and P.S.

Dhurwa, District Ranchi.

4. Deputy General Manager (HR), Jharkhand Urja Vikas Nigam Ltd.,

Engineering Building, HEC, Dhurwa, P.O. and P.S. Dhurwa, District

Ranchi.

...Respondents/Proforma Respondents

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CORAM : HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR

HON’BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant : Mr. Mrinal Kanti Roy, Sr. S.C.

For the Resp. No.1 : None

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O R D E R

10^th January 2023

Per, Shree Chandrashekhar, J.

Mr. Mrinal Kanti Roy, the learned Sr.S.C. appears for the

appellant.

2.

No one appears for the respondent No.1.

3.

The Jharkhand Urja Vikas Nigam Ltd. (in short, JUVNL) has

challenged the order dated 1^st March 2021 passed in WP(S) No. 2258 of

2018.

4.

The grievance of the JUVNL is that the order of punishment

dated 18^th December 2015 as modified by the appellate order dated 11^th May

2017 has been quashed by the writ Court on such ground which cannot be

countenanced in law.

5.

By an order dated 18^th December 2015, the respondent No.1,

who was issued a show-cause for making improper notings in the file for

promotion to the post of Executive Engineers, has been awarded the

2 L.P.A. No. 226 of 2022

following punishments: (i) stoppage of two annual increments with non-

cumulative effect; (ii) punishment of censure; (iii) except the subsistence

allowance nothing shall be payable to the delinquent officer during the

period of suspension, however, the said period shall be counted for other

service benefits; (iv) no promotion for the next one year, and; (v) posting

under non-works category.

6.

The aforesaid punishment has been modified by the appellate

authority by an order dated 11^th May 2017 to the extent that the punishment

of stoppage of two annual increments with non-cumulative effect has been

waived of.

7.

The writ Court has referred to the judgment in “Anand

Regional Coop. Oil Seeds Growers' Union Ltd. v. Shaileshkumar

Harshadbhai Shah” (2006) 6 SCC 548 on the issue of parity in punishment

and held as under:

“7. Having heard the learned counsels appearing for the parties,

the Court has ventured to go through the materials on record. It is

admitted fact that the petitioner as well as the Joint Secretary

namely Chandra Mohan Sharma were charge sheeted for the same

charge. The charge against the said Chandra Mohan Sharma was

also proved in the departmental proceeding and after the second

show cause, the said Chandra Mohan Sharma was exonerated

from the charges whereas the petitioner has been punished with

such punishment as indicated above. It is not the petitioner who

has allowed the promotion. Even assuming that