As per case facts, a bank employee faced disciplinary proceedings for financial irregularities, including retaining excess customer funds, leading to a penalty of stoppage of annual increments. After exhausting internal ...
CWP-2835-2017 (O&M). -1-
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH.
211
CWP-2835-2017 (O&M).
Date of Decision: 21.07.2025.
DHANNA SINGH
... Petitioner(s)
Versus
STATE BANK OF INDIA AND OTHERS
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.
Present: Ms. Savita Bhandari, Advocate,
(Through Video Conference)
for the petitioner.
Mr. Anil Kumar Ahuja, Advocate,
for the respondents.
VINOD S. BHARDWAJ, J. (ORAL)
Aggrieved of the penalty imposed by the respondents directing
stoppage of 05 annual increments, the instant writ petition has been
instituted.
2
Learned counsel appearing on behalf of the petitioner contends
that the petitioner was appointed as a clerk-cum-cashier on 27.07.1999 at State
Bank of Patiala under Ex-Serviceman quota. Counsel contends that the
respondents initiated disciplinary proceedings levelling three charges, on
18.07.2001, against the petitioner. The charges are extracted thus: -
CWP-2835-2017 (O&M). -2-
“i. The 1
st
charge alleged that he did not return the excess
amount of Rs 1000/- on dated 20-12-00 to a customer Sukhdev
Singh.
ii. The 2
nd
charge was that on dt. 08-09-00, he did not return
excess Rs 100/- deposited by said Harbans Lal Sharma to
check him.
iii. The 3
rd
charge alleged that he did not accept Rs 50,000/-
from the customer against voucher of 40,000/- inspite of the
intervention of the manager Harbans Lal.”
3 It is submitted that the 1
st
charge was withdrawn on the same day
on the ground that it arose out of misunderstanding and the enquiry
proceedings were undertaken for remaining two charges, however, even
though the appellate authority dropped charge No.3 against the petitioner, yet,
the punishment of stoppage of 05 increments with future effect was retained
and not modified.
4 It has been further vehemently argued by the counsel for the
petitioner that the charge in the present case pertains to non-refund of the
excess amount that had been handed over to the petitioner by different persons,
however, as per the banking transactions, the amount received by an individual
is tallied at the end of the working day and the excess amount is to be returned
only after such a tally is done. In the case of the petitioner, without awaiting of
CWP-2835-2017 (O&M). -3-
the closing of the financial transactions on a given day, the charges have been
levelled about non-refund of the excess amount handed over by the customers
as well as the branch manager of the Branch. Hence, the proceedings against
the petitioner were pre-mature and the petitioner has been wrongly held liable
for the acts for which there was no occasion for him to establish his defence.
5 Counsel appearing on behalf of the respondents, however,
submits that the present writ petition is not maintainable and is liable to be
dismissed. He contends that the branch manager (where the petitioner was
posted) received numerous complaints that the petitioner was in the habit of
making less payments and not returning the excess amount received by him
from the customers of the respondent bank while working on the cash counter.
Accordingly, the disciplinary proceedings were initiated against him on receipt
of the complaints from the customers. In the disciplinary proceedings initiated,
it was established from the testimony of the witnesses produced on record that
he received Rs.12,000/- against the pay-in-slip of Rs.11,000/- for credit to the
account of M/s Sukhdev Singh and sons but did not return the excess cash of
Rs.1,000/- to the depositor. To check his honesty and credibility, the Branch
Manager Harbans Lal also deposited Rs.2,100/- against pay in slip of
Rs.2000/- and even in the said scenario, the petitioner did not return the excess
of Rs.100/- that were handed over by the Branch Manager.
6 He submits that the aforesaid excess amount unlawfully retained
by the petitioner had been recovered from him. The proven charges were of
serious proportions establishing financial irregularities and reflecting poor
integrity by the petitioner. A bank cashier who is dealing with the money of
CWP-2835-2017 (O&M). -4-
the customers is expected to exercise higher standards of honesty and integrity.
Any failure on his part has immense potential of damaging the reputation of
the bank and also exposes the bank to the possibility of immense potential
financial loss over a long period of time. He submits that disciplinary
proceedings were hence initiated against the petitioner wherein the witnesses
deposed in support of the charges that had been levelled against the petitioner.
The same thus resulted in proving the charges against the petitioner whereupon
the punishing authority afforded an opportunity of hearing and imposed the
punishment of stoppage of 05 increments. Aggrieved thereof, the petitioner
preferred an appeal before the Appellate Authority and vide order dated
24.08.2002 the said appeal was also dismissed. It is submitted that the
petitioner thereafter filed CWP-4148 of 2003 before this Court challenging the
said orders. The aforesaid writ petition was withdrawn by the petitioner by
moving CM-16778-2007 to approach the respondent bank by way of a mercy
appeal.
7 The petitioner never sought any further liberty to file any fresh
petition from this Court in the application and was not granted such liberty by
the final order that was so passed. The averments as contained in the
application seeking withdrawal of CWP-4184 of 2003 reads thus:-
“1. That the above titled Civil Writ Petition stand admitted by
this Hon'ble Court on 9.1.2004, which is still pending before this
Hon'ble Court.
2. That the petitioner made oral request to the respondent Bank
for the release of increments, which was not accepted due to the
pendency of present writ petition. Now the petitioner wants to
CWP-2835-2017 (O&M). -5-
make mercy appeal to the Respondent Bank for the relief
mentioned above. Therefore, the petitioner wants to withdraw the
above mentioned writ petition.
It is, therefore, prayed that the petitioner may kindly be
permitted to withdraw the above mentioned writ petition in the
interest of justice.”
8 The order dated 09.10.2007, passed in CWP-4148-2003 reads
thus: -
“Permod Kohli, J: (Oral)
This is an application seeking to withdraw the writ petition.
Prayer is allowed.
The Civil Writ Petition is dismissed as withdrawn.
Oct 09,2007 Sd/-"
(Permod Kohli)
Judge”
9 Counsel contends that the petitioner later filed the mercy petition
on 12.03.2009 i.e. after nearly 1½ years of the dismissal of the earlier writ
petition. The instant writ petition has now been filed after a period of more
than 08 years since then i.e. in the year 2017. He submits that the respondents
specifically submitted in the reply that there was no remedy of mercy petition,
2
nd
appeal, review or revision under the applicable rules or bipartite settlement
against orders passed by the Appellate Authority, in exercise of its quasi-
judicial functions. Such intimation had been sent to the petitioner on
16.12.2015. It is averred that the petitioner having withdrawn the earlier writ
petition, without obtaining any liberty would be estopped from filing the
CWP-2835-2017 (O&M). -6-
instant writ petition as the same would be barred under Order 23 Rule 1 CPC.
He contends that the specific averments and objections in this regard has not
been responded to by the counsel for the petitioner by filing any document or
replication.
10 Counsel for the respondents further contends that the power of
judicial review can be exercised by this Court only with respect to the process
of decision making and not as a power to substitute the final decision arrived at
by the disciplinary authority. He contends that the satisfaction of the employer
in relation to the disciplinary proceedings and final punishment being imposed
cannot be substituted by this Court if there is no specific finding recorded with
respect to the procedural violation for conducting inquiry or to the procedure
adopted by the authorities in imposing the penalty. Once the procedure
prescribed in law has been followed and strictly adhered to, the quantum of
punishment would not be altered unless the punishment imposed is shockingly
disproportionate. He contends that considering the gravity of the charges
established against the petitioner, the punishment of stoppage of 05 increments
with future effect cannot be said to be disproportionate. He places reliance on
the judgment of Hon’ble Supreme Court titled State of Andhra Pradesh and
Others v S. Sree Rama Rao, AIR 1963 SC 1723 in support of his argument.
11 Learned counsel for the petitioner contends that since charge
No.3 against the petitioner had been dropped by the appellate authority, hence,
the proceedings became in the nature of minor proceedings and major penalty
could not have been imposed.
CWP-2835-2017 (O&M). -7-
12 I have heard the learned counsel appearing for the respective
parties and have gone through the documents appended along with the
present petition.
13 It is not in dispute that while charges No.1 and 2 pertain to
financial irregularities against the petitioner, charge No.3 was only a charge
pertaining to insubordination and the petitioner having refused to accept
more cash than what had been filled in the cash voucher. The Appellate
Authority accepted the argument of the petitioner and held that the Branch
Manager was not justified in issuing a direction to the teller to accept more
amount as mentioned in the pay in slip and thereafter to return the excess
balance. The conduct of the petitioner in refusing to accept more amount
than what had been filled up in the cash voucher was hence held to be
justified. However, the findings recorded as regards the financial
embezzlement and misconduct on the part of the petitioner and non-
refunding of the excess amount, which such charge stood established by
recovery of the excess money from the possession of the petitioner have
remained intact. The grave charge or misconduct still continues to sustain.
14 Even though the petitioner had argued that charge No.1 was
withdrawn for having been wrongly framed, however, the said argument is
incorrect and found to be false on its verification from the record. The
petitioner chose not to attach the Enquiry report but the same has been
appended by the respondents along with their reply. It is proved by the
Inquiry Officer that the excess amount of Rs.1,000/- deposited by customer
CWP-2835-2017 (O&M). -8-
was allegedly retained and it was only with the intervention of the Bank
Staff that the same was returned. The Head Cashier R.S. Kansal, appeared
as a witness and testified that an excess cash of Rs.1,000/- was found in the
receipt cash of the petitioner on the checking being got done under the
orders of the Branch Manager, to whom the customer had submitted the
complaint. The customer had informed that the 120 notes of Rs.100
denomination were marked ‘SS’ to deposit in his current account and all of
the said currency notes with the distinct identification mark of ‘SS’ was
recovered, sealed and later kept in the strong room. It was also informed
that if amount becomes untraceable, it gets deposited in the “Sundry deposit
account.’ The Deputy Manager, the Chief Manager, the Account Holder
Sukhdev Singh, his Munim Prem Chand and others appeared during the
proceedings and got recorded their statements. Relying upon the
corroborative and well explained testimony, the said charge had been duly
proved. It is also evident that the Branch Manager himself got a sting done
on the petitioner and at that time, he did not return the excess amount of
Rs.100/-. The identification of the currency note was done from the unique
number. All witnesses deposed to prove the said charge as well. Hence, two
well illustrated and proven charges of financial misconduct at different
intervals stood proved. They further indicate an incorrigible stance of the
petitioner and his continued failure to improve his integrity and conduct.
CWP-2835-2017 (O&M). -9-
15 It does not flow from the departmental rules that a person
cannot be held guilty of major charge unless a specific minimum number of
charges or misconduct are established. The gravity of the charge or
misconduct is to be seen. It is not that a case of financial embezzlement or
misconduct does not fall under a major offence for which a major
punishment cannot be imposed. The nature of allegations displayed
dishonesty, lack of integrity and lack of financial standards being
maintained is well established and the punishment of major penalty cannot
be said to be unsustainable.
16 The Hon’ble Supreme Court has ruled through a catena of
judgments that the High Court would not sit in appeal over the judgment of
the disciplinary authority. Reference can be made to the judgment of
Hon’ble Supreme Court in the matter of State of Andhra Pradesh and
others Vs. Chitra Venkata Rao, reported as AIR 1975 SC 2151. The
relevant extract of the same reads thus: -
“23. The jurisdiction to issue a writ of certiorari under
Article 226 is a supervisory jurisdiction. The Court exercises it
not as an Appellate Court. The findings of fact reached by an
inferior court or Tribunal as a result of the appreciation of
evidence are not reopened or questioned in writ proceedings.
An error of law which is apparent on the face of the record can
be corrected by a writ, but not an error of fact, however grave
it may appear to be. In regard to a finding of fact recorded by
a Tribunal, a writ can be issued if it is shown that in recording
the said finding, the Tribunal had erroneously refused to admit
CWP-2835-2017 (O&M). -10-
admissible evidence, which has influenced the impugned
finding. Again if a finding of fact is based on no evidence, that
would be regarded as an error of law which can be corrected
by a writ of certiorari. A finding of fact recorded by the
Tribunal cannot be challenged on the ground that the relevant
and material evidence adduced before the Tribunal is
insufficient or inadequate to sustain a finding. The adequacy or
sufficiency of evidence led on a point and the inference of fact
to be drawn from the said finding are within the exclusive
jurisdiction of the Tribunal. See Syed Yakoob v. K. S.
Radhakrishnan & ors. 1963 (5) S.C.R 64.
24. The High Court in the present case assessed the entire
evidence and came to its own conclusion. The High Court was
not justified to do so. Apart from the aspect that the High Court
does not correct a finding of fact on the ground that the
evidence is not sufficient or adequate, the evidence in the
present case which was considered by the Tribunal cannot be
scanned by the High Court to justify the conclusion that there
is no evidence which would justify the finding of the Tribunal
that the respondent did not make the journey. The Tribunal
gave reasons for its conclusions. It is not possible for the High
Court to say that no reasonable person could have arrived at
these conclusions. The High Court reviewed the evidence, re-
assessed the evidence and then rejected the evidence as no
evidence. That is precisely what the High Court in exercising
jurisdiction to issue a writ of certiorari should not do.”
CWP-2835-2017 (O&M). -11-
17 The position in law was reiterated by the Hon’ble Supreme
Court in the case of Union of India Vs. Parma Nand, reported as AIR
1989 SC 1185, which is extracted as under: -
“26. So much is, we think, established law on the scope of
jurisdiction and the amplitude of powers of the Tribunal.
However, of late we have been receiving a large number of
appeals from the orders of Tribunals- Central and States-
complaining about the interference with the penalty awarded in
the disciplinary proceedings. The Tribunals seem to take it
within their discretion to interfere with the penalty on the
ground that it is not commensurate with the delinquency of the
official. The law already declared by this Court, which we
reiterate, makes it clear that the Tribunals have no such
discretion or power.
27. We must unequivocally state that the jurisdiction of the
Tribunal to interfere with the disciplinary matters or
punishment cannot be equated with an appellate jurisdiction.
The Tribunal cannot interfere with the findings of the Inquiry
Officer or competent authority where they are not arbitrary or
utterly perverse. It is appropriate to remember that the power
to impose penalty on a delinquent officer is conferred on the
competent authority either by an Act of legislature or rules
made under the proviso to Article 309 of the Constitution. If
there has been an enquiry consistent with the rules and in
accordance with principles of natural justice what punishment
would meet the ends of justice is a matter exclusively within the
jurisdiction of the competent authority. If the penalty can
lawfully be imposed and is imposed on the proved misconduct,
the Tribunal has no power to substitute its own discretion for
CWP-2835-2017 (O&M). -12-
that of the authority. The adequacy of penalty unless it is mala
fide is certainly not a matter for the Tribunal to concern with.
The Tribunal also cannot interfere with the penalty if the
conclusion of the Inquiry Officer or the competent authority is
based on evidence even if some of it is found to be irrelevant or
extraneous to the matter.”
18 For reference as to the scope of interference by the High Court
in departmental proceedings, the Hon’ble Supreme Court held in the matter
of Chairman and Managing Director, United Commercial Bank and
others Vs. P.C. Kakkar, reported as (2003) 4 SCC 364, as under: -
“9. In B.C. Chaturvedi v. Union of India [(1995) 6 SCC 749 :
1996 SCC (L&S) 80 : (1996) 32 ATC 44] it was observed :
(SCC p. 762, para 18)
18. A review of the above legal position would establish that
the disciplinary authority, and on appeal the Appellate
Authority, being fact-finding authorities have exclusive
power to consider the evidence with a view to maintain
discipline. They are invested with the discretion to impose
appropriate punishment keeping in view the magnitude or
gravity of the misconduct. The High Court/Tribunal, while
exercising the power of judicial review, cannot normally
substitute its own conclusion on penalty and impose some
other penalty. If the punishment imposed by the disciplinary
authority or the Appellate Authority shocks the conscience
of the High Court/Tribunal, it would appropriately mould
the relief, either directing the disciplinary/appellate
CWP-2835-2017 (O&M). -13-
authority to reconsider the penalty imposed, or to shorten
the litigation, it may itself, in exceptional and rare cases,
impose appropriate punishment with cogent reasons in
support thereof.
xxx xxx xxx
11. The common thread running through in all these decisions
is that the court should not interfere with the administrator's
decision unless it was illogical or suffers from procedural
impropriety or was shocking to the conscience of the court, in
the sense that it was in defiance of logic or moral standards. In
view of what has been stated in Wednesbury case [Associated
Provincial Picture Houses Ltd. v. Wednesbury Corpn., (1948)
1 KB 223 : (1947) 2 All ER 680 (CA)] the court would not go
into the correctness of the choice made by the administrator
open to him and the court should not substitute its decision to
that of the administrator. The scope of judicial review is
limited to the deficiency in decision-making process and not
the decision.
12. To put it differently, unless the punishment imposed by the
disciplinary authority or the Appellate Authority shocks the
conscience of the court/tribunal, there is no scope for
interference. Further, to shorten litigation it may, in
exceptional and rare cases, impose appropriate punishment by
recording cogent reasons in support thereof. In the normal
course if the punishment imposed is shockingly
disproportionate it would be appropriate to direct the
disciplinary authority or the Appellate Authority to reconsider
the penalty imposed.
xxx xxx xxx
CWP-2835-2017 (O&M). -14-
14. A bank officer is required to exercise higher standards of
honesty and integrity. He deals with the money of the
depositors and the customers. Every officer/employee of the
bank is required to take all possible steps to protect the
interests of the bank and to discharge his duties with utmost
integrity, honesty, devotion and diligence and to do nothing
which is unbecoming of a bank officer. Good conduct and
discipline are inseparable from the functioning of every
officer/employee of the bank. As was observed by this Court
in Disciplinary Authority-cum-Regional Manager v. Nikunja
Bihari Patnaik [(1996) 9 SCC 69 : 1996 SCC (L&S) 1194] it is
no defence available to say that there was no loss or profit
resulted in case, when the officer/employee acted without
authority. The very discipline of an organization more
particularly a bank is dependent upon each of its officers and
officers acting and operating within their allotted sphere.
Acting beyond one's authority is by itself a breach of discipline
and is a misconduct. The charges against the employee were
not casual in nature and were serious. These aspects do not
appear to have been kept in view by the High Court.
15. It needs no emphasis that when a court feels that the
punishment is shockingly disproportionate, it must record
reasons for coming to such a conclusion. Mere expression that
the punishment is shockingly disproportionate would not meet
the requirement of law. Even in respect of administrative
orders Lord Denning, M.R. in Breen v. Amalgamated Engg.
Union [(1971) 1 All ER 1148: (1971) 2 QB 175: (1971) 2 WLR
742 (CA)] observed: (All ER p. 1154h) “The giving of reasons
is one of the fundamentals of good administration.”
CWP-2835-2017 (O&M). -15-
In Alexander Machinery (Dudley) Ltd. v. Crabtree [1974 ICR
120 (NIRC)] it was observed:
“Failure to give reasons amounts to denial of justice.
Reasons are live links between the mind of the decision-
taker to the controversy in question and the decision or
conclusion arrived at.” Reasons substitute subjectivity
by objectivity. The emphasis on recording reasons is that
if the decision reveals the “inscrutable face of the
sphinx”, it can, by its silence, render it virtually
impossible for the courts to perform their appellate
function or exercise the power of judicial review in
adjudging the validity of the decision. Right to reason is
an indispensable part of a sound judicial system.
Another rationale is that the affected party can know
why the decision has gone against him. One of the
salutary requirements of natural justice is spelling out
reasons for the order made, in other words, a speaking-
out. The “inscrutable face of a sphinx” is ordinarily
incongruous with a judicial or quasi-judicial
performance. But as noted above, the proceedings
commenced in 1981. The employee was placed under
suspension from 1983 to 1988 and has superannuated in
2002. Acquittal in the criminal case is not determinative
of the commission of misconduct or otherwise, and it is
open to the authorities to proceed with the disciplinary
proceedings, notwithstanding acquittal in the criminal
case. It per se would not entitle the employee to claim
immunity from the proceedings. At the most the factum of
acquittal may be a circumstance to be considered while
awarding punishment. It would depend upon the facts of
CWP-2835-2017 (O&M). -16-
each case and even that cannot have universal
application.”
19 Further reference can also be made to the judgment in the
matter of Union of India and others Vs. P. Gunasekaran, reported as
(2015) 2 SCC 610. The relevant extract reads thus: -
“13. Despite the well-settled position, it is painfully
disturbing to note that the High Court has acted as an
appellate authority in the disciplinary proceedings, re-
appreciating even the evidence before the enquiry officer. The
finding on Charge no. I was accepted by the disciplinary
authority and was also endorsed by the Central Administrative
Tribunal. In disciplinary proceedings, the High Court is not
and cannot act as a second court of first appeal. The High
Court, in exercise of its powers under Article 226/227 of the
Constitution of India, shall not venture into re- appreciation of
the evidence. The High Court can only see whether:
a. the enquiry is held by a competent authority;
b. the enquiry is held according to the procedure prescribed
in that behalf;
c. there is violation of the principles of natural justice in
conducting the proceedings;
d. the authorities have disabled themselves from reaching
a fair conclusion by some considerations extraneous to the
evidence and merits of the case;
e. the authorities have allowed themselves to be influenced by
irrelevant or extraneous considerations;
CWP-2835-2017 (O&M). -17-
f. the conclusion, on the very face of it, is so wholly arbitrary
and capricious that no reasonable person could ever have
arrived at such conclusion;
g. the disciplinary authority had erroneously failed to admit the
admissible and material evidence;
h. the disciplinary authority had erroneously admitted
inadmissible evidence which influenced the finding;
i. the finding of fact is based on no evidence.
Under Article 226/227 of the Constitution of India, the High
Court shall not:
(i). re-appreciate the evidence;
(ii). interfere with the conclusions in the enquiry, in case the
same has been conducted in accordance with law;
(iii). go into the adequacy of the evidence;
(iv). go into the reliability of the evidence;
(v). interfere, if there be some legal evidence on which findings
can be based.
(vi). correct the error of fact however grave it may appear to
be;
(vii). go into the proportionality of punishment unless it shocks
its conscience.
20 It is also held in the judgment of Civil Appeal No.219 of 2023
titled as Union of India and others vs. Const. Sunil Kumar, decided on
19.01.2023 passed by Hon’ble Supreme Court that it is not sufficient for a
writ Court to interfere when a punishment is disproportionate. For invoking
CWP-2835-2017 (O&M). -18-
the jurisdiction, the punishment has to be ‘shockingly disproportionate’.
The relevant extract reads thus: -
“6.2 Even otherwise, the Division Bench of the High Court has
materially erred in interfering with the order of penalty of
dismissal passed on proved charges and misconduct of
indiscipline and insubordination and giving threats to the
superior of dire consequences on the ground that the same is
disproportionate to the gravity of the wrong. In the case of
Surinder Kumar (supra) while considering the power
of judicial review of the High Court in interfering with the
punishment of dismissal, it is observed and held by this Court
after considering the earlier decision in the case of Union of
India Vs. R.K. Sharma; (2001) 9 SCC 592 that in exercise of
powers of judicial review interfering with the punishment of
dismissal on the ground that it was disproportionate, the
punishment should not be merely disproportionate but should
be strikingly disproportionate. As observed and held that only
in an extreme case, where on the face of it there is perversity or
irrationality, there can be judicial review under Article 226 or
227 or under Article 32 of the Constitution. 6.3 Applying the
law laid down by this Court in the aforesaid decision(s) to the
facts of the case on hand, it cannot be said that the punishment
of dismissal can be said to be strikingly disproportionate
warranting the interference of the High Court in exercise of
powers under Article 226 of the Constitution of India. In the
facts and circumstances of the case and on the charges and
misconduct of indiscipline and insubordination proved, the
CRPF being a disciplined force, the order of penalty of
dismissal was justified and it cannot be said to be
disproportionate and/or strikingly disproportionate to the
CWP-2835-2017 (O&M). -19-
gravity of the wrong. Under the circumstances also, the
Division Bench of the High Court has committed a very serious
error in interfering with the order of penalty of dismissal
imposed and ordering reinstatement of the respondent. 6.4 At
this stage, it is required to be observed that even while holding
that the punishment/penalty of dismissal disproportionate to
the gravity of the wrong, thereafter, no further
punishment/penalty is imposed by the Division Bench of the
High Court except denial of back wages. As per the settled
position of law, even in a case where the punishment is found
to be disproportionate to the misconduct committed and proved
the matter is to be remitted to the disciplinary authority for
imposing appropriate punishment/penalty which as such is the
prerogative of the disciplinary authority. On this ground also,
the impugned judgment and order passed by the Division
Bench of the High Court is unsustainable.”
21 Although an attempt has been made by counsel for the
petitioner at this juncture to contend that the petitioner was never held
guilty of any misconduct at any point prior in time, however, the same alone
cannot be a ground to hold that the current misconduct ought to be diluted
and proceedings ought not to be initiated against him.
22 Undisputedly, such service record would be relevant for
examining the proportionality of the punishment imposed upon the
petitioner, however, the same cannot be held to lay sufficient foundation for
disregarding the charges that already stand proved against a person. Since
the punishment of stoppage of 05 increments only has been imposed, I feel
CWP-2835-2017 (O&M). -20-
that the previous misconduct would have already been taken into
consideration by the respondent authorities while imposing punishment.
There is no occasion for this Court to come to a conclusion or record a
finding that the punishment of stoppage of 05 increments in a proven case
of financial irregularities and dishonest misconduct on the part of the
petitioner is shocking to the conscience of this Court. Besides, the other
issues being raised, at this stage with respect to the malice against other co-
employees, the same is ignored being completely irrelevant to the
controversy in hand and is an argument beyond the record.
23 The instant writ petition is thus found to be lacking merit and
the same is accordingly dismissed.
July 21, 2025. ( VINOD S. BHARDWAJ)
raj arora JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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