Delhi High Court
Kartar Singh vs Gnct Of Delhi & Anr. on 27 February, 2013
Author: Pradeep Nandrajog
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: February 27, 2013
+ WP(C) 2380/2003
KARTAR SINGH ..... Petitioner
Represented by: Mr.Anil Hooda and Mr.Prashant Kumar,
Advocates.
versus
GNCT OF DELHI & ANR. ..... Respondents
Represented by: Ms.Megha Bharara, Advocate for
Ms.Ruchi Sindhwani, Advocate.
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE PRATIBHA RANI
PRADEEP NANDRAJOG, J.(Oral)
1. Learned counsel for the petitioner states that he restricts submissions
to the proportionality of the penalty.
2. Serving as a Warder in Tihar Jail, at a departmental inquiry, the
petitioner has been found guilty of trying to smuggle a bag containing 27
bundles of 'Newla Brand Tobacco' containing 140 tobacco pouches. He has
been dismissed from service as per order dated August 10, 1999.
Departmental appeal was rejected on June 09, 2000. Challenge before the
Central Administrative Tribunal has failed.
3. Relevant for the subject of proportionality would be two decisions
dated October 20, 2010 disposing of WP(C) 13978/2009 and 14169/2009 in
which penalty of dismissal from service upon Warders, trying to smuggle
tobacco into the precincts of the Tihar Jail Complex, were held to be
excessive as also information obtained by the writ petitioner relating to 75
Warders, Barbers etc. to whom penalties were levied for smuggling tobacco
into the precincts of Tihar Jail Complex. Put in a tabulated form the
penalties would be as under:-
Sl.No. Name Misconduct Decision
& Designation
of official
1. Gyan Singh Carrying Penalty of stoppage of
Rawat, W-438 Prohibited articles increment for two years
in Jail (Bidi- vide order dated
Bundle) 31.01.96
2. Azad Singh, W- Carrying Penalty of stoppage of
318 Prohibited articles two increments of two
in Jail (Bidi- years vide order dated
Bundle) 10.06.96
3. Teja Singh, W- Carrying Penalty of stoppage of
442 Prohibited articles two increments for two
in Jail (Bidi- years vide order dated
Bundle) 20.09.96
4. Mukesh, Recovery of Penalty of stoppage of
Sweeper tobacco packet one increment for one
year vide order dated
31.01.96
5. Jai Narain-II, W- Recovery of Biri Dismissed vide order
224 Bundles dated 08.05.96
(reinstated by CAT vide
order dated 07.07.2000.
6. Bhopal Giri, W- Influence of Dismissed vide order
446 Liquor dated 31.1.96, later
reinstated in service.
7. Ram Kashyap, Influence of Penalty of stoppage of
W-220 Liquor one increment for two
years vide order dated
08.05.96.
8. Gaye Singh, W- Influence of Penalty of stoppage of 4
366 Liquor increment for three years
12.08.97
9. Dharam Singh, Recovery of 23 Penalty of stoppage of
W-267 Biris and 22 four increments for 04
match sticks years vide order dated
12.05.98
10. Ram Chander, Recovery of 04 Penalty of stoppage of 03
W-336 packets tobacco increment for 02 years
without cumulative
effect vide order dated
30.07.97
11. Rajinder Singh, Recovery of 04 Penalty of stoppage of 03
W-298 packets and 06 increments for 01 year
packets of tobacco vide order dated
20.05.98
12. Jai Bhagwan, W- Throwing of 15 Penalty of reduction by
276 pkt tobacco inside 05 steps for 05 years
jail vide order dated
21.05.99
13. Karan Singh, W- Carrying Penalty of stoppage of 05
611 prohibited articles increments for 05 years
(One Biri Bundle) without cumulative
effect vide order dated
29.06.99
14. Kamal Singh, W- Influence of Penalty of reduction of
424 alcohol pay by four stages vide
order dated 20.10.97
15. Jagdish, N.O. Recovery of 04 Penalty of stoppage of
pkts tobacco and two increments vide
06 Biris loose order dated 03.10.2001.
16. Bhoop Singh, W- Carrying two pkts Penalty of stoppage of 03
369 of tobacco and 13 increments for 03 years
biris vide order dated
27.10.98
17. Charan Dass, Carrying 40 pkts Penalty of reduction by
Peon tobacco two stages for two years
with increments without
future effect vide order
dated 28.05.99
18. Hargovind Carrying 07 Biri Penalty of stoppage of 04
Meena, W-547 bundles increments for 04 years
vide order dated 09.3.98
19. Pratap Singh, W- Carrying 04 pkts Penalty of compulsory
341 tobacco retirement with full
pension and gratuity vide
order dated 07.08.98
20. Kartar Singh, W- Carrying 04 pkts Penalty of stoppage of 05
466 tobacco increments for 05 years
without cumulative
effect vide order dated
16.07.99
21. Hawa Singh, W- Carrying 08 pkts Penalty of stoppage of 01
465 of tobacco increment for 01 year
without cumulative
effect vide order dated
11.09.98
22. Suresh Bal, W- Carrying 36 Biri Penalty of reduction to
412 and one match lower stage from `3100/-
box to `2750/- for three years
without increment during
this period without future
effect vide order dated
25.08.99
23. Devender Carrying 11 pkts Penalty of reduction by
Kumar, W-471 of tobacco three stages for three
years without earning
increments thereafter
will not have effect of
postponing his future
increments vide order
dated 05.10.99.
24. Ranbir Singh, W- Recovery of Penalty of reduction of
602 tobacco pay by one stage for one
year vide order dated
12.05.99
25. Rambir Singh, Recovery of Removed from service
W-376 tobacco vide order dated
20.07.98. Further, he
was reinstated in service
by the order of CAT
dt.31.5.2000 and
awarded penalty of
reduction of two stages
for two years vide order
dated 21.1.2003.
26. Ashwani Kumar, Smuggling of 11 Penalty of stoppage of 03
A.S. big pkts of increments without
tobacco and one cumulative effect vide
bir bundle order dated 01.11.99.
Warned by the Appellate
Authority vide order
dated 5.6.2000.
27. Kuldeep Kr.W- Recovery of Biri Penalty of reduction to
724 initial stage from
`3200/- to `3050/- for 05
years without increments
vide order dated
09.08.99
28. Maha Singh, Misbehaviour/infl Rank reduce to lower
HW-191 uence of alcohol post of warder for 2
years thereafter resorted
vide order dated
24.03.2000
29. Virender, Driver Recovery of Dismissed vide order
tobacco dated 30.07.02. Later on
reinstated in service.
30. Ajit Singh, HW- Recovery of 16 Penalty of reduction of
270 biris pay by 03 stages for 03
years without increments
and without future effect
vide order dated
22.02.01.
31. Sandeep Sharma, Recovery of biris Penalty of reduction by
W-691 01 stage for 01 year
without increment and
without future effect vide
order dated 14.03.01
32. Surender Kumar, Recovery of Penalty of reduction of
W-580 tobacco pay by 02 stages for 03
years vide order dated
14.07.01.
33. Dilbag Singh, W- Recovery of Biris Penalty of reduction of
510 pay by two stages for
two years without
increments without
future effect vide order
dated 09.08.02.
34. Om Prakash, W- Recovery of Biris Penalty of stoppage of
434 two increments vide
order dated 16.10.01.
35. Kartar Singh, W- Recovery of Biris Penalty of reduction of
466 pay at lowest for 03
years without increments
without future effect vide
order dated 17.06.02.
36. Shiv Raj Singh, Recovery of Biris Reduction of pay by one
W-227 stage for one year vide
order dated 01.08.02
37. Trilok Chand, Recovery of Reduction of pay by one
N.O. tobacco stage for three years
without cumulative
effect vide order dated
30.09.02.
38. Surender Kumar, Recovery of Reduction to lowest pay
W-755 tobacco and for 05 years without
unauthorized increments and without
absence future effect vide order
dated 25.07.02.
39. Prahlad Singh, Recovery of Biris Reduction of pay by two
W-411 stages for two years
without increments and
without future effect vide
order dated 23.09.02.
40. Mukesh Kumar, Recovery of Reduction of pay by one
S.B. tobacco stage for one year
without increments and
without future effect vide
order dated 26.07.02.
41. Ishwar Singh, Supply of tobacco Reduction of pay by one
N.O. stage for three years
without cumulative
effect vide order dated
30.09.02.
42. Rambir Singh, Recovery of Reduction of two lower
W-376 tobacco stages for two years and
he will not give any
increment during the
period vide order dated
21.01.03.
43. Bhopal Giri, W- Influence of Reduction of pay by one
446 alcohol stage for one year vide
order dated 10.12.2003.
44. Anuj Kumar, W- Influence of Reduction of pay by
775 alcohol three stages for three
years without increments
and without future
effects vide order dated
18.10.02.
45. Devender Recovery of Reduction of pay by
Kumar, W-471 tobacco three stages for three
years without increments
and without future
effects vide order dated
12.08.02.
46. Bahadur Singh, Recovery of Reduction of five
Warder-395 smack increment for three years
and he will not earn
increment during the
period. After three years
he will give the benefit
of three increment vide
order dated 24.09.03.
47. Ram Kumar Recovery of Stoppage of one
Tyagi, W-715 tobacco increment vide order
dated 27.06.02
48. Anil Kumar, W- Misbehaviour Awarded a penalty of
634 under influence of forfeiture of three
alcohol increments vide order
dated 16.05.2007
49. Satbir Singh, W- Recovery of biri Stopping of two
334 increments for two years
vide order dated
25.03.2004.
50. Dinesh Kumar Recovery of Dismissed from service
Papne, W-684 tobacco vide order dated
22.11.06. Appellate
Authority modified the
penalty order and
reinstated him in service
and his basic pay be
reduced to Rs.6790/-
plus 1900 as grade pay in
the time scale of pay of
Rs.5200-20200 plus
1900 grade pay.
51. Sanjay Kumar, Throwing/Smuggl Stoppage of two
W-823 ing of Tobacco increments for three
inside the Jail. years vide order dated
10.03.04
52. Vinod Kumar, Throwing/Smuggl Stoppage of two
W-852 ing of Tobacco increments for three
inside the Jail years vide order dated
10.03.04
53. Amarjit Singh, Throwing bundle Reduction to lower stage
W-829 of Tobacco of pay for the period of
three years and he will
not earn increments of
pay and expiry of this
period reduction will
effect post paid the
further increments of his
pay vide order dated
17.08.05 Reduction to a
lower stage of pay for 03
years and that during the
period he will not earn
increment at pay and on
the expiry of period the
reduction will effect
further increment of his
pay vide order 27.06.05
54. Ramesh Kumar Throwing bundle Reduction to a lower
Yadav, of Tobacco stage in the time scale of
W-731 pay for the period of
three years without
cumulative effect vide
order dated 23.03.07
55. Sumit Mohan, Smuggling of Reduction of three stages
W-808 Tobacco for three years vide order
dated 10.12.03
56. Ramesh Kumar, Recovery of Reduced for one lower
N.O. tobacco stage for one year vide
order dated 10.01.03
57. Nathi Lal, Recovery of Reduction of pay to one
HW-242 tobacco stage in this time scale of
pay for a period of three
years with cumulative
effect vide order dated
03.08.06.
58. Dadan Smuggling of Removal from service
Choudhary, Liquor vide order dated
W-560 19.02.07. Reinstated in
service, awarded penalty
of reduction of pay by
three stages for three
years w.e.f. date of
removal vide order dt.
27.05.08
59. Prahlad Sharma, Recovery of Penalty of reduction of
W-671 Tobacco, pay to two stages in the
Cigarette, Gutkha time scale for the period
etc. of three years with
cumulative effect. He
will not earn any
increment during said
period vide order dated
29.08.06.
60. Vinod Kumar, Recovery of Penalty of stoppage of
W-852 tobacco one increment for one
year vide order dated
17.01.06
61. Satpal Dahiya, Recovery of Reduction of pay by two
W-726 Tobacco and stages for a period of
Gutkha three years with
cumulative effect vide
order dated 20.12.2010
62. Sanjeev Kumar, Smuggling of Penalty of reduction to a
W-693 Tobacco lower stage in the time
scale of pay for a period
of two years without
cumulative effect vide
order dated 14.06.06
63. Satbir Singh, Smuggling of Dismissed on 24.10.2007
W-982 Tobacco and penalty modified to a
reduction by 02 stages
for 03 years with
cumulative effect vide
order dt. 20.12.2010
64. Pushpender Recovery of Removed from service
Singh, W-1093 tobacco vide order dt.5.6.2007,
penalty modified by
appellate authority to a
penalty of reduction of
two increments in pay
with cumulative effect
for a period of five years
vide order dt.21.01.2011
65. Bhim Singh, Recovery of Dismissed on 26.11.07,
W-518 tobacco Penalty modified
reinstated in service vide
order dated 05.08.08
66. Kulbir Singh Recovery of Removal from service
Rana, charas vide order dt.21.12.06.
W-1037 Penalty modified by
Appellate Authority and
he was reinstated in
service with all
consequential benefits.
67. Raj Kumari, Mali Smuggling of Penalty of reduction to a
Tobacco lower stage for a period
of three years without
cumulative effect vide
order dated 19.03.07
68. Kusumlata, Mali Smuggling of Penalty of reduction to a
Tobacco lower stage for a period
of three years without
cumulative effect vide
order dated 31.01.07
69. Raj Pal Tyagi, Recovery of Removed from service
W-299 Tobacco vide order dated
17.07.07, Penalty
modified as compulsory
retirement vide order
dated 05.03.08.
70. Jaibeer Singh, Recovery of Reinstated in service and
W-760 Rajdarbar tobacco penalty of reduction of
pay for five stages for
five years
71. Savitri, Sweeper Recovery of one Penalty of reduction to
packet tobacco lower stage in the time
scale of pay by one stage
for a period not
exceeding one year
without cumulative
effect 24.05.07.
72. Parbhushan Recovery of Stoppage of 5 increments
Singh, Tobacco for 5 years with C.E.
W-863 Vide order dated
07.08.09.
73. Narender Kumar, Throwing of Reinstated in service &
W-1057 tobacco bundle awarded the penalty of
inside CJ-3 reduction of pay by two
stages for a period of five
years with C.E. Vide
order dated 03.08.11.
74. Gaurav Yadav, Recovery of Penalty of censure vide
W-1147 tobacco order dt. 09.11.2010
75. Hawa Singh, Recovery of Removal from service
W-465 tobacco vide order dt.28.05.09.
Removal order dt.
28.05.09 have been
modified. Stoppage of 2
increment with C.E.
Vide order dated
15.11.2010 passed by
Appellate Authority
4. Suffice would it be to state that pertaining to some persons the
number of packets of tobacco recovered have been noted and qua some the
number of bundles has been stated. But one thing emerges : that none has
been inflicted with the penalty of dismissal from service.
5. Under the circumstances we dispose of the writ petition setting
aside the penalty order dated August 10, 1999 as also the appellate order
dated June 09, 2000. Order dated May 29, 2002 passed by the Central
Administrative Tribunal is also set aside. Noting that unfortunately the writ
petition has remained pending in the Record Room of this Court we levy the
penalty ourselves.
6. Keeping in view the number of pouches of tobacco which
petitioner was trying to smuggle, we inflict upon him the penalty of
stoppage of three increments without cumulative effect. The period during
which petitioner remained suspended during inquiry would not be treated as
entitling petitioner to wages. Suspension Allowance received would be
enough. We deny back wages to the petitioner for the period interregnum he
being dismissed from service till today i.e. the day when we have substituted
the penalty. Said period would not be counted for any service benefit save
and except to compute pensionable service. Meaning thereby, for this
period the petitioner would not be entitled to any wages, actual or on
notional basis and he would not earn any notional increment. Upon
reinstatement the petitioner would suffer the penalty of stoppage of three
increments without cumulative effect.
7. The petitioner is directed to report to the Superintendent,
Central Jail Tihar on March 08, 2013.
8. Copy of this order be supplied 'DASTI' to the petitioner as also
to the respondent.
(PRADEEP NANDRAJOG)
JUDGE
(PRATIBHA RANI)
JUDGE
FEBRUARY 27, 2013
skb
