Case Note & Summary
The petitioner, Mr. Hanamatrao M. Kulkarni, was a Junior Engineer (Electrical) in the Electricity Department, Government of Goa, recruited in 1983. He was placed under suspension on 09/02/2011 in contemplation of a disciplinary enquiry. The Chief Electrical Engineer directed a departmental enquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, on charges that the petitioner frequently remained absent from duties unauthorizedly and did not attend official correspondence. The Enquiry Officer found the charges proved. The Disciplinary Authority accepted the findings and imposed a major penalty of reduction to a lower stage in the time scale of pay for five years, and revoked the suspension. The petitioner appealed to the Secretary (Power)/Appellate Authority, who partly accepted the appeal and reduced the penalty to a minor penalty of withholding one increment of pay for two years under Rule 11(iv) of the CCS (CCA) Rules, 1965. The petitioner then filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order. The High Court examined the scope of judicial review in disciplinary matters and found that the Appellate Authority had considered the petitioner's submissions and reduced the penalty proportionately. The court held that the penalty of withholding one increment for two years was not disproportionate to the misconduct of unauthorized absence. The court dismissed the petition, finding no perversity or violation of natural justice in the impugned order.
Headnote
A) Service Law - Disciplinary Proceedings - Minor Penalty - Withholding of Increment - Rule 11(iv) of Central Civil Services (Classification, Control and Appeal) Rules, 1965 - The petitioner, a Junior Engineer, was found guilty of unauthorized absence from duties and not attending official correspondence. The Appellate Authority reduced the major penalty of reduction to lower stage to a minor penalty of withholding one increment for two years. The High Court held that the penalty was proportionate and not disproportionate to the gravity of misconduct, and declined to interfere under Articles 226 and 227 of the Constitution of India. (Paras 1-10)
B) Constitutional Law - Judicial Review - Disciplinary Matters - Articles 226 and 227 of the Constitution of India - The court reiterated that the scope of judicial review in disciplinary matters is limited to examining whether the decision is perverse, arbitrary, or violative of principles of natural justice. The court found no such infirmity in the impugned order. (Paras 5-10)
Issue of Consideration
Whether the imposition of minor penalty of withholding one increment for two years upon the petitioner for unauthorized absence was proportionate and justified.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Appellate Authority imposing minor penalty of withholding one increment for two years.
Law Points
- Minor penalty
- withholding of increment
- unauthorized absence
- proportionality of punishment
- judicial review of disciplinary proceedings
- CCS (CCA) Rules
- 1965
Case Details
2022 LawText (BOM) (01) 89
Writ Petition No.440 of 2015
Mr. V. Ameya Nayak Salatry for the Petitioner, Ms. S. Pinto h/f Ms. Priyanka Kamat, Additional Government Advocate for the Respondents
Mr. Hanamatrao M. Kulkarni
State of Goa, The Secretary (Power) Appellate Authority, The Chief Electrical Engineer, Government of Goa
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Nature of Litigation
Writ petition challenging the order of the Appellate Authority imposing minor penalty on the petitioner for unauthorized absence from duties.
Remedy Sought
The petitioner sought quashing of the order dated 22/11/2013 passed by the Secretary (Power)/Appellate Authority imposing minor penalty of withholding one increment for two years.
Filing Reason
The petitioner was aggrieved by the imposition of minor penalty for unauthorized absence and non-attendance of official correspondence.
Previous Decisions
The Disciplinary Authority imposed major penalty of reduction to lower stage in time scale of pay for five years; the Appellate Authority reduced it to minor penalty of withholding one increment for two years.
Issues
Whether the penalty of withholding one increment for two years is proportionate to the misconduct of unauthorized absence.
Whether the impugned order suffers from perversity or violation of principles of natural justice.
Submissions/Arguments
The petitioner argued that the penalty was disproportionate and that he had been absent due to medical reasons.
The respondents argued that the petitioner was habitually absent and did not attend official correspondence, and the penalty was proportionate.
Ratio Decidendi
The court held that the scope of judicial review in disciplinary matters is limited and that the penalty imposed by the Appellate Authority was proportionate to the gravity of misconduct. The court found no perversity or violation of natural justice in the impugned order.
Judgment Excerpts
This petition, under Articles 226 and 227 of the Constitution of India, is directed against the order dated 22/11/2013 passed by the Secretary (Power)/Appellate Authority, Government of Goa, imposing a minor penalty upon him, as per the provision contained under Rule-11(iv) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.
The Enquiry Officer recorded a finding that the charges levelled against the petitioner have been proved.
The Respondent No.2 being the Appellate Authority, partly accepted the conclusions of the disciplinary authority and reduced the quantum of penalty imposed on the petitioner from reduction to a lower stage in the time scale to pay for the period of 5 years to withholding one increment of pay for the period of two years.
Procedural History
The petitioner was placed under suspension on 09/02/2011. A departmental enquiry was initiated under Rule 14 of CCS (CCA) Rules, 1965. The Enquiry Officer found charges proved. The Disciplinary Authority imposed major penalty of reduction to lower stage for five years. The petitioner appealed to the Appellate Authority, which on 22/11/2013 reduced the penalty to minor penalty of withholding one increment for two years. The petitioner then filed the present writ petition on an unspecified date.
Acts & Sections
- Central Civil Services (Classification, Control and Appeal) Rules, 1965: Rule 11(iv), Rule 14
- Constitution of India: Articles 226, 227
