I. S. Tiwana, J. - (1.) The petitioner who was employed as a Goods Clerk in the Railway Department impugns the order dated April 30, 1977 (Annexure P. 2) whereby his increment has been withheld for a period of two years and the affirmance of this order in appeal on July 27, 1977 vide (Annexure P. 4). Besides other grounds of challenge to these orders it is also maintained by the learned counsel for the petitioner that the latter order is completely a non-speaking order. According to the learned counsel a bare reading of this order shows that the Appellate Authority has refused to look into the matter in appeal without any justifiable cause. This is how this order reads:- "In view of the gravity of the offence, found against the employee, the appeal against punishment is rejected."
(2.) Having heard the learned counsel for the parties I am satisfied that this last mentioned order cannot possibly be sustained. The only reason given by the Appellate Authority for the rejection of the appeal is "the gravity of the offence." If I may say so, gravity of the offence may be relevant or be taken into consideration to determine the quantum of punishment to be awarded to delinquent employee. Merely on account of the gravity of a charge of the offence alleged to have been committed by an employee, no authority can refuse to look into the merits of the case. The order indicates that the Appellate Authority has assumed the charge to have been proved against the petitioner and on that account has refused to interfere in appeal. This is a totally unsustainable approach gravity of the charge by itself does not prove the charge. The Appellate Authority has first to consider the merits of the case and then to record its conclusion as to whether the charge against the petitioner is proved or not. Merely because the allegations against the petitioner are of serious nature the said Authority could not adopt the despotic attitude of not looking into the merits of the appeal.
(3.) For the reasons recorded above I set aside Annexure Ps 4 and send the case back to the Appellate Authority to reconsider the matter in accordance with the rules and the observations made above. I pass no order as to costs. Petition allowed.;