Tejinder Singh Dhindsa, J. - (1.) The petitioner who was serving as District Manager under the Haryana State Federation of Consumers Co-operative Wholesale Stores Limited (CONFED) has filed the instant petition assailing the order dated 27.01.2010 (Annexure P-3) passed by the Managing Director, in terms of which a punishment of stoppage of two increments without cumulative effect was imposed. Further challenge is to the order dated 24.12.2010 (Annexure P-5), whereby the Board of Director of CONFED has rejected the appeal preferred by the petitioner.
(2.) Learned counsel for the petitioner would submit that while serving as District Manager at District Office, Panchkula, the petitioner was issued a Show Cause Notice dated 05.12.2008, alleging that the petitioner had remained negligent in the performance of his duties and failed to comply with the instructions issued by the head office and as such, imposition of one of the minor punishments, under the Staff Service Rules of the Haryana State Federation of Consumers Cooperative Wholesale Stores Limited, 1975 (hereinafter referred to as "Staff Service Rules"), had been contemplated. The petitioner submitted his reply on 14.01.2009. After submission of his response to the Show Cause Notice, the impugned order dated 27.01.2010 (Annexure P-3), inflicting punishment of stoppage of two increments without cumulative effect, has been passed. Such punishment stands affirmed even by the Appellate Authority.
(3.) The submission raised by learned counsel appearing for the petitioner is two fold: firstly, it is contended that the Show Cause Notice had been issued contemplating the imposition of a minor punishment, but by virtue of the impugned order, a punishment of stoppage of two increments without cumulative effect has been passed and which under the Staff Service Rules is listed as major punishment and on such short ground alone, the impugned order cannot sustain. The second claim raised is that no regular inquiry was conducted prior to passing of the impugned order and as such, there has been negation of the principles of natural justice.;