THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.405 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order
dated 23.10.2018 passed by the learned Single Judge in
W.P.No.23962 of 2004.
The undisputed facts of the case reveal that the
respondent was absent from 06.06.2001 to 25.06.2001.
An enquiry took place in the matter and a punishment of removal from service was inflicted upon him on 13.09.2001. Challenging the same, an appeal was filed, which was rejected. Thereafter, a review petition was preferred and the reviewing authority has modified the order of punishment by moderating to stoppage of three increments with permanent effect for one year, against which the writ petition was preferred. The learned Single Judge has passed an order again by moderating the punishment as stoppage of three increments without cumulative effect. The employer is aggrieved by the order passed by the learned Single Judge.
This Court has carefully gone through the order passed by the reviewing authority as well as the order 2 passed by the learned Single Judge. Undisputedly, for absence from 06.06.2001 to 25.06.2001, punishment shockingly disproportionate to the guilt of the employee was inflicted upon him and therefore, keeping in view the totality of circumstances and as it was a case of absence from 06.06.2001 to 25.06.2001 only, the learned Single Judge was justified in moderating the punishment to that of stoppage of three increments without cumulative effect. This Court does not find any reason to interfere with the order passed by the learned Single Judge.
The writ appeal is accordingly dismissed. The miscellaneous applications pending in this writ appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 22.11.2021 vs