• 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 8 years ago in Civil Law

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3 Answers

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

apparent.”

. 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
94689 Answers
7526 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
84890 Answers
2190 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
30763 Answers
972 Consultations

5.0 on 5.0

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