Order On Board

15.02.2024

1. With the consent of learned counsel for the parties, the matter is heard finally.

2. This Writ Petition has been filed by the petitioner under Article

226 of the Constitution of India to quash the punishment order dated 10.10.2017 (Annexure P/1) whereby, without complying with Rule 8 of the Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999 (in short “the Rules, 1999) and by revoking suspension of the petitioner, penalty of withholding of one annual increment with cumulative effect was imposed. It was further directed that the petitioner shall not be entitled to any other allowances except the subsistence allowance for the suspension period.

3. Brief facts of the case are that the petitioner was working as Assistant Teacher (Panchayat) at Government Primary School Bichhiya, Post and Block Basna, District Mahasamund (C.G) and he was placed under suspension by order dated 26.02.2016 (Annexure P/2). Vide the impugned order, the suspension order was revoked and while revoking the suspension order, the petitioner has been awarded punishment of stoppage of one annual increment with cumulative effect and that petitioner would not be entitled for any salary during suspension period except subsistence allowance. Hence, this Petition.

4. Learned counsel for the petitioner would submit that the service of the petitioner was governed by the Chhattisgarh Teacher (Panchayat) Cadre (Recruitment Condition of Services) Rules, 2012 and Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999. The penalty has been prescribed in part 3 of the Rules, 1999 in which Section 5 (a) prescribes the minor penalties, which reads as under:-

“(i)Censure (ii)Withholding of increments, stagnation allowances or promotions, without or without cumulative effect.

(iii)Recovery from pay of the whole or part of any pecuniary loss caused to the panchayat or the State Government by negligence or breach of orders.”

5. For imposing the said minor penalties, procedure has been prescribed under Rule 8 of the Rules, 1999 which read thus:-

“8. Procedure for imposing minor Penalties.-(1)No order imposing any of the penalties specified in clauses (i) to (iii) of rule 5 shall be passed except after :-

(a) the person charged is informed in writing of the proposal to take action against him and of the allegations on which such action is proposed to be taken and is given an opportunity to make any representation which he may wish to make; and (b) such representation, if any, is taken into consideration by the disciplinary authority; Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case it is proposed after considering the representation, if my made by Panchayat Servant, under clause (b) of that sub rule to withhold increments of pay or stagnation allowance, and such with holding of increment of pay or stagnation allowance is likely to affect adversely the amount of pension payable to the Panchayat Servant or to withhold increment of pay or stagnation allowance, for a period exceeding three years or to withhold increments of pay or stagnation allowance, with commutative effect for any period, an enquiry shall be held in the manner laid down in sub rule (1) to (11) of rule 7, before making any order imposing on the Panchayat Servant any such penalty.

(2) The record of the proceedings in such cases shall include:-

(i) a copy of intimation to the person charged of the proposal to take action against him;

(ii) a copy of the statement of allegations communicated to him, his representation, and the orders on the case together with the reasons therefor. (3) A copy of the orders shall be supplied to the member of the Panchayat Service charged.”

6. Learned counsel would submit that as per the procedure laid down under Rule 8 of the Rules, 1999, a show cause notice informing proposal to take action against him, the allegations on which such action is proposed to be taken and an opportunity to make representation against suc