D.G.R. Patnaik, J. - (1.) HEARD the learned Counsel for the parties.
(2.) THE petitioner, in this writ application, has prayed for quashing the order dated -28.09.2000 (Annexure -3), whereby the punishment of withholding of annual increments for a period of three years has been passed against the petitioner. The petitioner has also prayed for quashing the order dated -25.07.2001 (Annexure -4), passed by the Appellate Authority dismissing the Appeal preferred by the petitioner against the order of punishment, passed by the Disciplinary Authority. The petitioner is a Sub -Inspector in the Central Industrial Security Force. A departmental enquiry was initiated against him on 03.07.2000 on the charges that he was found indulging in unfair means while appearing at the examinations. The Enquiry Officer had found the petitioner guilty of the charges levelled against him. The copy of the Enquiry Report was furnished to the petitioner and thereafter, finding the show -cause replies of the petitioner, not satisfactory, the Disciplinary Authority imposed the punishment in the following terms: Therefore, in exercise of powers conferred upon me under Rule 29(A) read with Schedule -II and Rule 31(e) of C.I.S.F. Rules 1969, I hereby award the penalty of "Withholding of Next Increment for A Period of Three Years to No. NYA SI/Exe (UT) Ranjan Kumar. It is Further Ordered That on Expiry of This Period, The Penalty Will Have The Effect of Postponing His Future Increments of Pay.
(3.) THE petitioner has challenged the impugned order of punishment on the ground that by the second part of the order, making the penalty to have the effect of postponing the petitioner's future increments of pay, the Respondents have virtually inflicted the punishment of withholding the petitioner's annual increments with cumulative effect and thereby forfeiting the petitioner's right for claiming the benefits of the annual increments for the three years for ever.;