- (1.) THE present petition has been preferred mainly because of an order passed by concerned respondent authority dated 28th November, 2001 whereby on the basis of the charge levelled against the present petitioner and without giving any opportunity of being heard and without conducting any enquiry worth therein and without enquiry report directly punishment has been inflicted upon the present petitioner by the concerned respondent authority whereby one annual increment has been stopped with all future effect. The said order is at Annexure -1 to the memo of the present petition.
(2.) IT is also submitted by the counsel for the petitioner, whatever notices were issued have been replied by the present petitioner. The said replies are Annexure -2 onwards wherein it has been stated that proper enquiry may be concluded and petitioner may be exonerated from the charges. Thus, the charges were denied but no enquiry was conducted much less, there is enquiry report. Directly, a punishment has been inflicted and an order at Annexure -1 dated 28th November, 2001 has been passed and therefore it deserves to be quashed and set aside. I have heard counsel appearing on behalf of the respondents mainly submitted that petitioner is a teacher and he has helped a student/examinee during the course of examination and therefore, he was issued a show cause notice and upon receipt of the reply from the petitioner, punishment has been inflicted which is in proportion of misconduct. It cannot be said punishment is unreasonably excessive and therefore, petition deserves to be dismissed.
(3.) HAVING heard counsel for both the sides and looking to the facts and circumstances of the case, I hereby quash and set aside the order passed by the concerned respondent authority dated 28th November, 2001 which is Annexure -1 to the memo of the present petition, for the following facts and reasons: - (i) The present petitioner s a teacher as working since more than 11/2 decade. There is spotless service record of the present petitioner. (ii) The show cause notice issued by the respondent whereby charges have been levelled against the present petitioner that the petitioner has helped an examinee during the examination, but, in fact this has been denied by petitioner which may clearer from the reply given by the present petitioner which are Annexure -2 onwards to the memo of the present petition. (iii) It also appears from the facts of the case that no enquiry has been conducted by the respondent before inflicting the punishment nor there is any enquiry report, in view of these facts, the decision which has been taken by the respondents whereby the punishment has been inflicted upon the present petitioner for withdrawal of one increment with all future effect is in violation of principles of natural justice. ' ;