This special appeal challenged the dismissal of a writ petition against the imposition of a penalty of withholding one annual grade increment without cumulative effect. The High Court held that the Single Judge
Dismissing the appeal, the penalty imposed on the appellant was upheld.
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[2023:RJ-JP:20576-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D. B. Civil Special Appeal (Writ) No. 93/2023
In
S.B. Civil Writ Petition No. 6088/2017
Manoj Sharma S/o Late Shri Rameshwar Dayal Sharma, aged about 53 years, R/o Bharuji Residency, 38-39, Vaishali Elegance, Gandhi Path West, Vaishali Nagar, Jaipur (Rajasthan)
----Appellant
Versus
----Respondents
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
02/09/2023
[2023:RJ-JP:20576-DB]
[SAW-93/2023]
(2 of 3)
[2023:RJ-JP:20576-DB]
[SAW-93/2023]
(3 of 3)
dispute that though he was ordered on 16.05.2011 to issue notice to convene the meeting on 30.05.2011, but notices were not issued by him till 26.05.2011. Submission of learned counsel for the appellant is that non-holding of the meeting could not be entirely attributed to the appellant as, within next 3-4 days also, it was possible to issue notice to ensure convening of the meeting. It is a matter which falls in the realm of appreciation of the circumstances of the case leading to delay in holding of the meeting wherein welfare of the persons suffering with disabilities was to be considered. It appears that because of the inaction on the part of the appellant to issue notice for a period of ten days, the respondent-authorities have held the appellant guilty of the misconduct. True it is that the delay did not result in very serious consequences and that is the reason, why minor penalty of withholding of one annual grade increment without cumulative effect has been imposed upon the appellant. The matter has been thoroughly examined by the learned Single Judge and no interference of this Court with the same is called for. 7. The appeal is, accordingly, dismissed.
(ASHUTOSH KUMAR),J
(MANINDRA MOHAN SHRIVASTAVA),J
MANOJ NARWANI /24
1 issue framed by the court
Whether the imposition of a minor penalty for failure to issue notice within the stipulated time calling for a meeting constitutes misconduct warranting specific penalty in employment cases.
Manoj Sharma
State of Rajasthan
MANINDRA MOHAN SHRIVASTAVA
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
