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TaxTMI 
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2006 (2) TMI 635
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....cial duties. He allegedly drove the said Maruti unauthorisedly and at a very high speed beyond his jurisdiction and met with a serious accident when the said vehicle collided with a stationary truck between Manesar and Delhi on National Highway No.8. The driver of the said Gypsy L/Nk Anand Singh suffered serious injuries on his person. The respondent, however, left the vehicle unattended. He also left the said driver in an unconscious state. He also did not inform headquarters about the said accident. A disciplinary proceeding was initiated against him on the charges that he failed to maintain absolute devotion to duty and acted in a manner unbecoming of a Government servant and thereby violated the provisions contained in Rule 3(1)(ii) an....
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....the departmental proceeding found that penalty was imposed in violation of the said Rule on the premise that sub-Rule (iii)(a) of Rule 11 provides only for a minor penalty and thus in terms thereof reduction of pay for a period of three years should not have been directed to be effected with cumulative effect. Consequently, it was directed : "The petitioner shall be entitled to seniority on the basis of DPC which was held on 7.4.1997 when his immediate junior was promoted to the rank of Second-In-Command. The petitioner shall also be entitled to all consequential benefits which stood denied due to punishment of loss of seniority." The learned Additional Solicitor General appearing on behalf of the Appellant contended before us that in th....
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....as permissible in law. The relevant provision of Rule 11 of CCS Rules reads thus : "PENALTIES The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely :- Minor Penalties (i) censures; (ii) withholding of promotion; (iii) Recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of order; (iii)(a) reduction to a lower stage in the time-scale of pay for a period not exceeding 3 years, without cumulative effect and not adversely affecting his pension. xxx xxx xxxx (v) save as provided for in clause (iii)(a), reduction to a lower stage in the time-scale of pay for a spec....
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....nt is an amalgam of minor penalty and major penalty. The respondent has been inflicted with three penalties : (1) reduction to the minimum of the time-scale of pay for a period of three years with cumulative effect; (2) loss of seniority; and (3) recovery of 25% of the loss incurred by the Government to the tune of Rs. 74,341.89p., i.e., Rs. 18,585.47p. on account of damage to the Gypsy in 18 (eighteen) equal monthly instalments. Whereas reduction of time-scale of pay with cumulative effect is a major penalty within the meaning of clause (v) of Rule 11 of the CCS Rules, loss of seniority and recovery of amount would come within the purview of minor penalty, as envisaged by clause (iii) and (iii)(a) thereof. The Disciplinary Authority....
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....dingly, the Board acted illegally and most arbitrarily in placing the juniors of the appellant above him in the seniority list and/or confirming the appellant in the post with effect from Dec.1, 1969, that is, long after the date of confirmation of the said respondents Nos.2 to 19. The question of seniority has nothing to do with the penalty that was imposed upon the appellant. It is apparent that for the same act of misconduct, the appellant has been punished twice, that is, first, by the stoppage of one increment for one year and, second, by placing him below his juniors in the seniority list." The ratio of the said decision is applicable to the fact of the present case also. In this view of the matter, indisputably, the respondent was e....