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2013 (2) TMI 834 - SC - Indian LawsDisciplinary proceeding - Initiated against a Senior Accountant Treasury- Service Jurisprudence - Failed to maintain chest book, movement register - Passed the bills, cheques and challans without Signing - On the basis of the enquiry report, the disciplinary authority, after following the requisite procedure, imposed the penalty of reversion to the post of Junior Accountant for two years with the stipulation that there would be postponement of future increments. Whether the reversion to the lower post for a period of two years with the stipulation of postponement of future increments on restoration to higher category does amount to two major penalties under Rule 9. HELD THAT:- The rule making authority has splitted Rule 9(vii) into two parts - one is harsher than the other, but, both are less severe than the other punishments, namely, compulsory retirement, removal from service or dismissal. The reason behind it is not to let off one with simple reduction but to give a direction about the condition of pay on restoration and also not to impose a harsher punishment which may not be proportionate.the same really does not affect any vested or accrued right. It also does not violate any Constitutional protection.hence,the order of punishment imposed by the disciplinary authority is restored.
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