This issue has come up for consideration before this Court
in a case of Smt. Tripta Kumari vs. State of Haryana and another,
2012 (1) S.C.T 455 wherein the petitioner was punished with stoppage
of one increment with cumulative effect without holding any enquiry
under Rule 8 of Punjab Civil Services (Punishment and Appeal) Rules.
The petitioner preferred an appeal, which was also dismissed. This
Court allowed the writ petition and held that stoppage of one
increment with cumulative effect would amount to major penalty and
regular inquiry is must to impose such penalty. Punishment imposed on
petitioner without holding any inquiry would be rendered illegal and
voilative of the procedure established by law. In para 7, it has been
observed as under:-
The
Co-ordinate Bench of this Court in the case of "Smt. Tripta Kumari Vs.
The State of Haryana and another", reported as 2011 SCC OnLine
P&H 7772 had relied upon the above said judgment to further hold that
the stoppage of one increment with cumulative effect is a major penalty
and in the said circumstances, it was necessary for the authorities to have
conducted the inquiry in accordance with the rules and regulations and
since the same had not been done, the impugned order in the said case
was also set aside. The relevant portion of the said judgment is
reproduced herein below: -
The
Co-ordinate Bench of this Court in the case of "Smt. Tripta Kumari Vs.
The State of Haryana and another", reported as 2011 SCC OnLine
P&H 7772 had relied upon the above said judgment to further hold that
the stoppage of one increment with cumulative effect is a major penalty
and in the said circumstances, it was necessary for the authorities to have
conducted the inquiry in accordance with the rules and regulations and
since the same had not been done, the impugned order in the said case
was also set aside. The relevant portion of the said judgment is
reproduced herein below: -