Judgment:
1 W.P.No.18875/2012 9/11/2012 Smt.
Shobha Menon, learned Senior Counsel with Ms.Surabhi Ahirkar, for the petitioner.
Admit.
Issue notice to the respondents.
Shri C.S.Thakur, learned counsel appears for the respondents and takes notice.
Three copies of petition along with annexures be served on Shri Thakur.
Learned counsel for the parties are heard on interim relief.
Petitioner prays for interim relief mainly on the ground that punishment imposed amounts to clubbing together both minot and major punishment and in view of law laid down in the case of Union of India and another Vs.S.C.
Parashar - 2006 SCC (L&S) 496 followed by this Court in W.P.No.3173/1997 - Raghvendra Ranjan Das versus Central Bank of India and others vide Annexure P/3 clubbing together of punishment is impermissible and therefore petitioner prays for stay.
Shri C.S.Thakur, learned counsel appearing for the respondents submits that the punishment has been imposed after due enquiry and if order is stayed, the same would amount to grant of full relief which can be done only after final hearing.
That apart, Shri Thakur submits that only punishment of stoppage of increment with cumulative effect has been imposed which is a monetary benefit and will not cause irreparable loss to the petitioner.
Therefore, he opposes the stay.
Having heard learned counsel for the parties, I am of the considered view that on the grounds canvassed for the present, no 2 interim relief can be granted to the petitioner.
Punishment is imposed by the Disciplinary Authority after conducting of an enquiry and as the punishment in question is given effect to on the basis of finding recorded in the departmental enquiry, I am not inclined to stay the same for the present.
The prayer for stay is therefore, rejected.
(Rajendra Menon) Judge mrs.mishra