MAHARAJ KISHORE SAXENA Vs. UNION OF INDIA
LAWS(ALL)-2014-3-175
HIGH COURT OF ALLAHABAD
Decided on March 04,2014

Maharaj Kishore Saxena Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) Heard Sri Gulab Chandra, learned counsel for the petitioner and Sri Ashok Trivedi, appeared on behalf of the respondent bank.
(2.) For the alleged charges, the disciplinary proceeding has been initiated against the petitioner. The enquiry officer submitted its enquiry report to the disciplinary authority and the disciplinary authority by the order dated 17.9.2004 imposed the following penalty:- "Reduction of 19 increments in the time scale of pay for one year. The officer will not ear increments of pay during the period of such reduction and on expiry of such period, the reduction will have the effect of postponing future increments of his pay", i.e. his basic pay would be reduced from his present pay of Rs. 13,560/- to Rs.7,100/- i.e. at the beginning of JMG/S-I. The suspension period of Mr. M.K. Saxena shall be treated as period not spent on duty and he shall not be entitled for increments due during the suspension period".
(3.) Against the aforesaid penalty order, petitioner filed an appeal which was dismissed by order dated 11.3.2005. Petitioner filed a review application which has been allowed in part vide order dated 12.7.2006. The reviewing authority has inflicted the penalty as follows:- "Accordingly, in exercise of powers conferred upon me under Regulation 18 of Bank of Baroda Officer Employees' (Discipline & Appeal) regulation 1976, I consider the review petition favourably to the extent that the penalty imposed on Mr. Saxena is hereby modified as "Reduction of 10 increments in the time scale of pay for a period of 1 year and to reduce his basic pay from Rs.13560/- to 10160/- p.m. The officer will not earn increments of pay during the period of such reduction and on expiry of such period of reduction, it will have the effect of postponing future increments of his pay.";


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