Narendra Nath Tiwari, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the order issued by memo No. 2764 dated 7.9.2010 (Annexure -5), whereby the petitioner's punishment of two annual increments have been withheld with cumulative effect and he has been debarred from promotion for two years.
(2.) ACCORDING to the petitioner, the said penalty comes within the purview of major punishment which has been imposed without following the procedure laid down for imposing major punishment. The respondents have also no authority to pass order of double punishment. Learned counsel for the petitioner submitted that it has been held by the Supreme Court that withholding of two increments with cumulative effect is a major punishment. Reference may be made to the decision of the Apex Court in M.P. State Agro Industries Development Corpn. Ltd. & Anr. v. Jahan Khan [reported in : (2007) 10 SCC, page -88]. The petitioner has been awarded the said major punishment, but the procedure for awarding major punishment has not been followed. The impugned order of punishment is, thus, contrary to law and the principle of natural justice and is null and void.
(3.) THE writ petition has been opposed by the respondents. It has been stated, inter alia, that withholding of increments with cumulative effect comes within the category of minor punishment and procedure prescribed for awarding major punishment is not required to be followed. The order is legal and valid. It has been further submitted that the second punishment is in continuity of the first punishment and there is no double punishment, as has been alleged by the petitioner. The order does not warrant any interference. This writ petition is liable to be dismissed.;