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Tarsem Singh (SAS Accountant)     11 August 2011

Minor punishment without inquiry

 I was working as RA in Punjab State Electricity Board, when  I was chargesheeted with some false allegations. I submitted reply but I was punished with stoppage of 3 annual increments stoppage, without future effect (It is minor Punishment) without holding any enquiry.I preferred appeal to appelate authourity, which was also rejected. Niether punishment order, nor order disposing/rejecting my appeal has reasons of doing so. Only words that  "reply was considered and found not satisfactory" are there. I have filed civil suit against this and also pleaded that when procedure (i.e issuance of chargesheet meant for imposing major punishment) for imposing major punishment is initiated, minor punishment cannot be awarded on this. I am in need of Superme Court/High Court Judgements in favour of this pleading...can any body help me....?



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 1 Replies

Isaac Gabriel (Advocate)     13 August 2011

From the query it seems , the charges were framed with a view to awarding major penalty.But when the charges were proposed to be finalysed with minor punishment, a notice to be issued to the accused   and then only the procedures  could be waived. In your case the authorities have awarded minor penalty by waiving certain procedures since the punishment was minor. The authorities have to follow the procedures eventhough it may end in minor punishment. There is procedural error in finalysing the disciplinary proceedingns.


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