Stopping increment for ‘chewing tobacco in office’ held to be a major punishment; Order set aside: All HC

Allahabad High Court: A Single Judge Bench comprising of Mithlesh Kumar Tiwari, J. while allowing a petition quashed the impugned order whereby the petitioner was awarded a punishment of stoppage of two annual increments on a permanent basis.

The present petition was filed pertaining to challenging an order, according to which the petitioner in the present case had been inflicted the punishment of stoppage of two annual increments permanently. The said punishment was awarded through the order based on the allegation against the petitioner that he was found in possession of and consuming tobacco/pan masala in office premises in an excessive quantity during the course of an inspection.

The submission of the learned Counsel for the petitioner Mr Arvind Kumar was that the punishment imposed is a major punishment under the U.P. Government Servant (Discipline and Appeal) Rules, 1999 which could not have been inflicted unless the respondents had followed the detailed procedure of holding a disciplinary enquiry.

The High Court stated that stoppage of two annual increments on a permanent basis is a major punishment and is also not disputed by the learned standing counsel. If that was so it was incumbent upon the respondents to follow the due process as stipulated under the 1999 Rules and which must mandatorily be adhered to before the imposition of a major punishment.

Therefore, on an overall conspectus of the aforesaid facts, the Court allowed the writ petition and reversed the impugned order by quashing the same. [Mithlesh Kumar Tiwari v. State of U.P., Writ-A No. 11408 of 2018, Order dated 13-11-2018]

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