• Orders in DE

There were 2 charges against me (i) for delayed billing & (ii) Non recovering of the billed amount putting company in loss. In DE the EO has not found any fault in charge (i) and so the DA too in his order . In the Charge (ii) the EO and so the DA has a finding that though my role was limited to the Billing only but some more efforts / extra efforts were expected from me in getting the default amount recovered and so a sanction of 01 increment on Non-cumulative effect for 01-year is issued.
Sir the injury here is that I am held for the work that has not been mine also  my HPS is over due since past 03 years.
Primarily the order appears a minor punishment, but actually I have to face consequences for 05 five years with 02 increments on hold. 
How could I have hold on the implementation of the order? and How I can get exonerate in the matter?.
Asked 3 years ago in Civil Law from Raipur, Chhattisgarh
1) you have to challenge the findings recorded by the disciplinary
authority and  question the quantum of punishment inflicted on you 

2) Kulwant SinghGill v. State of Punjab 1991 Supp(1) SCC 504 
wherein it has been held that
withholding of increments of pay simpliciter without any
hedge over it certainly would be a minor punishment but
withholding of increments with cumulative effect, the
consequences being quite hazardous to the employee, it
would come in the compartment of major punishment. 
“But when penalty was imposed
withholding two increments i.e. for two
years with cumulative effect, it would
indisputably mean that the two
increments earned by the employee was
cut off as a measure of penalty for ever
in his upward march of earning higher
scale of pay. In other words the clock is
put back to a lower stage in the time
scale of pay and on expiry of two years
the clock starts working from that stage
afresh. The insidious effect of the
impugned order, by necessary
implication, is that the appellant
employee is reduced in his time scale by
two places and it is in perpetuity during
the rest of the tenure of his service with
a direction that two years’ increments
would not be counted in his time scale
of pay as a measure of penalty. The
words are the skin to the language
which if peeled off its true colour or its
resultant effects would become
. After so observing, the Court treated the said
punishment to be a major penalty. 

3) The High Court of Delhi in Uttam Kumar v. Delhi
Jal Board5 has laid down the same principle and opined
that there is a distinction between the withholding of
increment without cumulative effect and withholding of
increment with cumulative effect. The former is in the
realm of minor penalty and the later is in the compartment
of major penalty. In the later one, there is permanent
postponement of the increment, whereas in the former one
it is for a specified period to be released after expiration of
the said period. 

4) you will have to challenge the order of punishment and rely upon judgments cited herein above 
Ajay Sethi
Advocate, Mumbai
45738 Answers
2692 Consultations

5.0 on 5.0

In this case you have gather the evidence about your role in the issue and all other supporting evidences.
Once you have secured the evidences., first make a representation to the higher authority of your office through proper channel appealing against the harsh punishment meted out to you for no fault of yours. 
You may corroborate the evidences in your possession to claim innocence in the matter that you were implicated.
If this fails to invoke proper response or relief, you may resort to legal action by consulting a service law practicing lawyer for adopting the appropriate measure to pursue the issue. 
T Kalaiselvan
Advocate, Vellore
35910 Answers
390 Consultations

5.0 on 5.0

1. You can be acted against for failure to perform the duty which was enjoined on you. To go beyond the call of duty is a mere 'expectation' from an employee, which may be legitimate or illegitimate, but under no circumstances an employee can be acted against for failing to fulfill an expectation which does not fall within the domain of his lawful duty.

2. You can challenge the order in the court which can issue a stay order and then quash it.

3. Prior to going to court issue a lawyer's notice to the company.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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