B.P. TRIPATHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The proceedings of the matter have been taken up through Video Conferencing.

(2.) The petitioner by way of this writ petition is challenging the legality, validity and the propriety of the orders dtd. 31/7/2009 (Annexure-P/1) and 25/4/2007 (Annexure-P/2) passed by the respondent Nos.2 and 3, respectively, by which the petitioner has been inflicted with the penalty of stoppage of two increments without cumulative effect.

(3.) Learned counsel for the petitioner would submit that though the petitioner has been inflicted with the penalty of stoppage of two increments without cumulative effect, still departmental enquiry is required to be conducted for awarding any punishment. As such, the appellate order dtd. 31/7/2009 (Annexure-P/1) and the order of the Disciplinary Authority dtd. 25/4/2007 (Annexure-P/2) deserve to be set aside. He would place reliance on the judgment rendered by the Supreme Court in the matter of O. K. Bhardwaj vs Union of India and others, (2001) 9 SCC 180.