Respondents that the penalty of withholding the promotion was as a consequence of the punishment of withholding of increment. In our consideration, the Rule makers ... increment or in the alternative withholding the promotion. In other words, withholding of promotion and withholding of increments are two different and distinctive minor penalties
period from 02.05.2010 till its revocation
on 18.07.2010; and release of annual increments
due in normal course from 01.01.2012 till the filing of
Original Application ... with all arrears; but the action of the respondents in
denying or withholding these service benefits to the
-7- 2025:HHC:16474
petitioner was stated
proved or
otherwise penalty of withholding promotion can be imposed.
Meaning-thereby, either the penalty of withholding increments
or withholding promotion can be imposed upon ... grade increment' and 'withholding
promotion' but they have mentioned the penalty as 'withholding
annual grade increment
cases withholding of the increments
without cumulative effect does not at all arise. In case
where the increments are withhold with or without
cumulative effect ... does not empower the disciplinary authority to impose
penalty of withholding increments of pay with cumulative
effect except after hold- ing inquiry and following
Disciplinary Authority vide order dated 30.4.2020 imposed
penalty for withholding increment for one year without future
effect. Thereafter, by order dated 6.8.2020 passed by Additional ... allow the revision application vide order dated 22.2.2021 and
penalty for withholding increment for one year without future
effect was modified in terms of withholding
Respondents that the penalty of
withholding the promotion was as a
consequence of the punishment of
withholding of increment. In our
consideration, the Rule makers ... alternative "withholding the
promotion". In other words,
"withholding of promotion" and
"withholding of increments" are two
different and distinctive
under the various minor penalties which has been prescribed, withholding of promotion and withholding of increment have been made two separate and independent minor penalties ... increment or in the alternative withholding the promotion. In other words, withholding of promotion and withholding of increments are two different and distinctive minor penalties
also issued.
9. It is submitted that the order of withholding increments is not
only vindicative but also violates the principles of natural justice.
Similarly ... vide which the
increments of plaintiff was withhold does not specify whether the
order of withholding of increments was with or without cumulative
effect. However
does not empower the disciplinary authori-
ty to impose penalty of withholding increments of pay with
cumulative effect except after holding inquiry and following ... cases withholding of the increments without
cumulative effect does not at all arise. In case
431
where the increments are withhold with or without cumulative
employee
under clause (a) of the sub-regulation, to withhold
increment of pay and such withholding of increments is
likely to affect adversely the amount ... retirement benefits
payable to the employee or to withhold increments of a pay
for a period exceeding 3 years or to withhold increments
