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2023 (8) TMI 1007 - PUNJAB & HARYANA HIGH COURTEnhancement of minor penalty - seeking direction to respondents to issue No Objection Certificate to enable him to join as Professor (Energy Engineering) in North Eastern Hill Central University, Shillong - HELD THAT:- From the perusal of reply as well as arguments of learned counsel for the respondents, it is evident that there is no provision which empowers Appellate Authority to enhance quantum of penalty imposed by original authority. In the case in hand, appellate order dated 16.12.2022 has been passed by Joint Secretary to Government of India and it has been passed in terms of Central Civil Services (Classification Control & Appeal) Rules 1965. Neither reply nor arguments of learned counsel for the respondents are disclosing power of Appellate Authority to enhance penalty, thus, penalty has been enhanced without jurisdiction. It is settled proposition of law that Appellate Authority can enhance penalty if there is specific provision and in the absence of provision, Appellate Authority cannot enhance penalty. A Division Bench of this Court in M/S NIRVAIR SINGH VERSUS FINANCIAL COMMISSIONER TAXATION [2017 (3) TMI 1423 - PUNJAB & HARYANA HIGH COURT] has adverted with this issue and has held that Appellate Authority cannot enhance penalty in the absence of specific power. From Clause VII of paragraph 2 of Office Memorandum dated 28.09.2022, it is evident that it is applicable for Vigilance Clearance whereas petitioner is not seeking Vigilance Clearance. The petitioner is not asking for certificate without disclosing factum of penalty whereas petitioner is seeking ‘No Objection Certificate’ to join another department. The case of the petitioner is not covered by aforesaid clause, thus, reliance placed by respondent is misplaced. The respondent is hereby directed to issue ‘No Objection Certificate’ within one week from today - petition disposed off.
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