appeal, the High Court held that the
penalty imposed was a minor penalty within the meaning of
Rules 5(iv) of the Rules obviating ... penalty indisputably the need to conduct
regular enquiry has been dispensed with. Rule 5 prescribes
the penalties thus:
"5. Penalties:--The following penalties
contended before us that the penalty in question would be major penalty and the awarding of major penalty without holding any departmental proceeding is illegal ... made provision for awarding of penalties and the said Rule reads as under:
"5.Penalties - The following penalties may, for good and sufficient reasons
further contended that petitioner has
been punished with a minor penalty which does
not require formal departmental enquiry as
contended. It is urged that ... present case, as
minor penalty was proposed as per Rule 16 of the
Rules of 1966, the proceedings were initiated by
issuing a show cause
jurisprudence where the penalties are prescribed it is
implicit thereunder that a major penalty would comprehend
within its fold the minor penalty. If a major ... respondent the
disciplinary authority imposed penalty of compulsory
retirement. In relation to penalty of removal from service
the penalty of compulsory retirement inflicts less harm
treating the penalty finally imposed on the applicant as a minor penalty, resulting in regularisation of suspension period. During the course of the said disciplinary ... said proceedings were dropped, whereas the applicant was inflicted with a minor penalty. Hence the present OA has been filed seeking for the following reliefs
reply of the
delinquent, the authority decides to impose a minor penalty, for which no
departmental inquiry is provided under the Regulations.
3. The respondent ... minor penalties as
well as major penalties. The relevant portion of Regulation 4 is extracted
for an easy reference:
“4. PENALTIES:
The following penalties
regular enquiry into the charges levelled
for imposition of minor penalty, as the charges were
denied.
Respondent while holding the post of Assistant
Engineer ... that in case of the issuance of notice of
charges for minor penalty, under Rule 16 of Central
Civil Services (Classification, Control and Appeal)
Rules
some alleged misconduct, which finally culminated in the imposition of the minor penalty of "with-holding of one increment for a period ... view of the fact that the petitioner had suffered the minor penalty of "with-holding of increment for a period of six months
regard to quantum of punishment or penalties and not with regard to nature of penalties i.e., minor or major. Two separate penalties, minor ... inquiry report, be it minor or major punishment. Rule 16 deals with procedure for imposing minor penalties.
33. Perusal of the Rules would unmistakably reveal
show that an enquiry must be conducted even for imposition of
minor penalty when facts of the charges are disputed. An enquiry should
have been ... tenable, the Disciplinary Authority vide a speaking
order dated 18.12.2008 imposed minor penalty on them, which is
permissible under Rule 16 of the CCS (Control
