The Allahabad High Court quashed an order of the Mahoba administration which stopped two annual increments of an employee for possessing and consuming tobacco in office premises.
Justice Yashwant Varma passed the order, allowing the writ petition filed by Mithilesh Kumar Tiwari.
The court was of the view that permanently stopping the two increments was a major punishment as provided under the UP Government Servants(Discipline and Apple) Rule 1999 and thus, the petitioner was required to be given an opportunity of show cause against it.
But in the present case, the petitioner was awarded the impugned punishment merely by stating that he was found to be in possession of excessive quantity of the substance in question, it added.
Quashing the punishment, the court said it was mandatory on part of the respondent authority to follow rules but in the present case neither any charge-sheet was served upon the petitioner nor were any witness examined.
However, the bench made it clear that the authority may proceed in accordance with the law, if so advised.
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