AI Overview...
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Departmental Inquiry & Punishment - Orders of punishment such as stoppage of increments for specified periods (e.g., two or three years) with or without future effect are common outcomes of departmental inquiries. The legality and reasonableness of such punishments depend on proper conduct of inquiries, recording of findings, and adherence to rules Divisional Controller VS Iqbalbhai Kasambhai Mirza - Gujarat, Mahesh Kumar Pipalya VS RSRTC - Rajasthan, G. S. R. T. C VS Kailashgiri N. Gusai Shramyogic, O. Jadavbhai N. Somaiya - Gujarat.
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Disputes & Legal Challenges - Disputes often arise regarding the validity of departmental inquiries and the punishment imposed. Courts and tribunals scrutinize whether the inquiry was conducted properly, whether the punishment was proportionate, and if the disciplinary authority followed due process. Orders found to be unjust, disproportionate, or improperly conducted are quashed or modified Jyotindrasinh Hemuba Vaghela vs Divisional Controller - Gujarat, RAM DULARE GIRI VS S. D. M. BANSI, DISTRICT SIDHARTH NAGAR - Allahabad, G. S. R. T. C. VS Lalajibhai Lavajibhai - Current Civil Cases.
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Role of Inquiry Officers & Disciplinary Authorities - Inquiry officers are responsible for conducting fair investigations but should not suggest or indicate proposed punishments in their reports; the disciplinary authority alone imposes penalties based on findings RAM DULARE GIRI VS S. D. M. BANSI, DISTRICT SIDHARTH NAGAR - Allahabad.
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Modifications & Reversals - Courts and tribunals have modified or set aside punishments, especially when procedures were not followed or punishments were deemed excessive or unjustified. For example, modifications include reducing the number of increments to be stopped or reversion to lower pay scales JAGDISH CHANDRA JOSHI VS STATE OF UTTARANCHAL - Allahabad, R. Radhakrishnan Nair VS State of Kerala - Kerala.
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Proportionality & Disproportionate Punishments - Punishments such as withholding increments are challenged if they are disproportionate to the misconduct or if the inquiry lacked proper evidence. Courts have upheld or set aside such punishments based on their reasonableness and fairness G. S. R. T. C VS Kailashgiri N. Gusai Shramyogic, O. Jadavbhai N. Somaiya - Gujarat, Divisional Controller VS Iqbalbhai Kasambhai Mirza - Gujarat.
Analysis and Conclusion:
Departmental inquiries serve as a basis for disciplinary actions like withholding or stoppage of increments. However, the legality and fairness of such punishments depend on proper inquiry procedures, evidence, and adherence to rules. Orders are often challenged in courts or tribunals, which may modify or quash them if found unjust, disproportionate, or procedurally flawed. Ensuring due process and proportionality is crucial in disciplinary proceedings involving increments.
Search Results for "Departmental Inquiry Punishment Increments"
2022 0 Supreme(Guj) 222 • India - Gujarat
A.S.SUPEHIA
inquiry, order of punishment of stoppage of increments for two years with permanent effect was passed and dispute has been raised ... since industrial dispute is raised after 15 years and that too after retirement of petitioner - It is submitted that after holding departmental ... Industrial Tribunal should have considered that dispute has been raised after retirement of respondent-workman that too after undergoing punishment ... It is submitted that after holding the departmental #HL_....
2021 0 Supreme(Tri) 54 • India - Tripura
AKIL KURESHI
Central Civil Services (Conduct) Rules, 1964 - Rule 2C(III) - Inquiry - Departmental proceedings - Leave ... Travel Concession - Punishment of increments - Petitioner is working as an Upper Division Clerk (UDC) under Principal, Industrial ... Finding of the Court: Order of punishment did not record his disagreement with any of findings of inquiry ... The petitioner resisted the departmental proceedings. An inquiry was conducted. ... This is so becau....
2009 0 Supreme(All) 3640 • India - Allahabad
V.K.SHUKLA
Departmental inquiry—Reasonability of—Lekhpal—Imposition of punishment—Cancellation of two increments and reversion on a lower pay-scale—Manner ... and cannot be subscribed—Further, Inquiry Officer cannot indicate the proposed punishment in his report—It is for the disciplinary ... authority to impose appropriate punishment—Impugned order is hereby quashed. ... Bansi, awarding punishment of cancellation of two increments and reverti....
2025 0 Supreme(Guj) 1637 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.Thakker
inquiry led to unjust punishment. ... (A) Constitution of India - Articles 226 and 227 - Industrial Tribunal - Challenge to award affirming punishment of stoppage of increments ... - Departmental inquiry based solely on criminal complaint resulting in acquittal under the Prohibition Act - Lack of evidence during ... Challenging the said order, the petitioner preferred a first departmental appeal, wherein the order of dismissal was set aside and substituted with the #H....
1999 0 Supreme(Raj) 1326 • India - Rajasthan
SHIV KUMAR SHARMA
of two annual grade increments after a departmental inquiry. ... Punishment - Departmental Inquiry - Non-speaking Order Fact of the Case: The petitioner was penalized with the withholding ... punishment. ... - The petitioner was served with a charge sheet on July 16, 1985 and departmental inquiry was initiated against him. ... After completion of inquiry the petitioner was penalised vide order dated Feb. 1, 1988 ....
2014 0 Supreme(Guj) 965 • India - Gujarat
PARESH UPADHYAY
bus which was driven by him, met with an accident and one motorcyclist had died - Award passed by Industrial Tribunal, whereby punishment ... recorded by Tribunal in this regard was without any basis and is unsustainable in law - Tribunal committed error in setting aside punishment ... The respondent Driver was prosecuted departmentally and in the departmental inquiry, punishment of withholding of increments for five years was imposed vide order dated 26.06.2002. ... The initiation of ....
2006 0 Supreme(All) 700 • India - Allahabad
RAJESH TANDON
Issues: Retiral dues, Unauthorized issuance of experience certificates, Departmental inquiry, Modification of punishment6. ... In view of this statement of the petitioner the order of punishment is modified to the extent that instead of three Incre ments only two increments will be stopped from the date of the appoint ment order. ... Now the petitioner has further submitted that his two increments be stopped instead of three increments.
2005 0 Supreme(Ker) 247 • India - Kerala
KURIAN JOSEPH, K.R.UDAYABHANU
Inquiry Report - Disciplinary Proceedings - Kerala Police Departmental Enquiries, Punishment and Appeal Rules, 1958 - Rule 6, ... increments with cumulative effect under the Kerala Police Departmental Enquiries, Punishment and Appeal Rules, 1958. ... of withholding increments with cumulative effect under the Kerala Police Departmental Enquiries, Punishment and Appeal Rules, 1958 ... ; and (2) whether withholding of increme....
• India - Current Civil Cases
C.L.SONI
of punishment imposing punishment of stoppage of three increments— Plaintiff’s case that order of punishment was in gross violation ... Civil Procedure Code,1908—Section 100—Acts of misconduct by plaintiff —Departmental inquiry was conducted and ‘ultimately the order ... and the ultimate order of punishment- Appellate Judge exceeded and overstepped his jurisdiction as a civil Court—Impugned judgment ... case and there was no illegality in the conduct of dep....
2005 0 Supreme(Guj) 335 • India - Gujarat
D.N.PATEL
After issuing necessary notice and after-holding departmental inquiry, the punishment awarded by the petitioner was stoppage of three ... increments with future effect said punishment awarded by the petitioner was not shockingly disproportionate to the misconduct committed ... There was stoppage of two increments without-future effect by the award passed by the Industrial tribunal, Rajkot –Held, Case of ... After issuing necessary notice and after-holding departmental....
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