(II) Learned counsel for the petitioner has relied upon the
judgment in the case of Surjit Ghosh vs. Chairman &Managing
Director, United Commercial Bank & Others reported in
(1995) 2 SCC 474 specifically para 6 on the issue that where
right to appeal has been provided to the higher authority,
employee concerned cannot be deprived of his substantive
right and the order of punishment passed by the higher
authority is liable to be set aside. In the instant case, the
impugned order of punishment at dictates of the higher
authority i.e. Deputy Commissioner, is assailable.
(III) In the instant case, the major punishment has been
5
imposed but neither the copy of the inquiry report has been
supplied nor second show cause has been issued prior to
imposing of the order of major punishment.
In Kali Pada Mahato vs. State of
Jharkhand & Ors. reported in 2015 (1) JBCJ 478 [HC] is
relevant on the issue of withholding of three increments with
cumulative effect is a major punishment imposition of which
requires due compliance of service of second show cause with
a copy of inquiry report prior to infliction of punishment.