Can't enhance penalty while hearing appeal: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, September 3

In a significant ruling, the Punjab and Haryana High Court has made it clear that an authority hearing an appeal in a service matter cannot enhance the quantum of penalty imposed upon an employee by the original disciplinary authority. Justice Jagmohan Bansal said the appellate authority could enhance penalty only if there was a specific provision.

The observation

Neither reply, nor arguments of the counsel for the respondents are disclosing the power of appellate authority to enhance penalty. Thus, the penalty has been enhanced without jurisdiction. Justice Jagmohan Bansal

He directed the issuance of a no-objection certificate, enabling the petitioner-employee to join elsewhere, despite the imposition of penalty upon him.

The ruling came in a case where the petitioner, through counsel Dhiraj Chawla, was seeking direction to the Union of India and another respondent for setting aside order dated December 16, 2022, whereby the appellate authority enhanced the minor penalty initially imposed upon him. Directions were also sought for the issuance of a no-objection certificate for enabling him to join as professor in a university.

The Bench was told that the petitioner, a Scientist E at an institute, was subjected to an inquiry and minor penalty after he was issued a chargesheet alleging violation of government rules and guidelines during a purchase. The penalty was initially ‘censure’, which was later enhanced to ‘demotion to a lower rank’ by the appellate authority. Chawla argued that the move was beyond the authority’s power.

Justice Bansal asserted that the perusal of reply and arguments by the counsel for the respondents made it evident that there was no provision empowering an appellate authority to enhance quantum of penalty imposed by the original authority. In the case in hand, the appellate order dated December 16, 2022, was passed by Joint Secretary to Government of India in terms of Central Civil Services (Classification Control & Appeal) Rules 1965.

“Neither reply, nor arguments of the counsel for the respondents, are disclosing the power of appellate authority to enhance penalty. Thus, the penalty has been enhanced without jurisdiction,” Justice Bansal said while quashing the impugned order, effectively reinstating the original minor penalty imposed on the petitioner.

Justice Bansal also directed the respondents to issue an NOC to the petitioner within a week, enabling him to join the institute.