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Author Topic: Second Punishment for same mistake  (Read 530 times)

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Offline arulselvan

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Second Punishment for same mistake
« on: March 29, 2016, 01:35:23 AM »
In a PSU of Central Govt

an officer was promised Performance Related Pay in the advertisement (in Rs) and  in appointment order (mentioned without amount).

Later, he was dismissed after a domestic enquiry.

He was denied "Performance Related Pay" for the last one year of his service as per the approved scheme.

Such a denial of "Performance Related Pay" was not a prescribed punishment as per CDA rules. No such punishment exists.

The officer cited  a case in Supreme Court of India - Vijay Singh vs State Of U.P.& Ors. on 13 April, 2012 Bench: B.S. Chauhan, Jagdish Singh Khehar CIVIL APPEAL NO. 3550 OF 2012 (Arising out of SLP(C) No. 27600 of 2011) :

9. This Court in State of U.P. & Ors. v. Madhav Prasad Sharma, (2011) 2 SCC 212, dealt with the aforesaid Rules 1991 and after quoting Rule 4 thereof held as under:
16. .Disciplinary authority is competent to impose appropriate penalty from those provided in Rule 4 of the Rules which deals with the major penalties and minor penalties. The rules do not empower the Disciplinary Authority to impose any other major or minor punishment. It is a settled proposition of law that punishment not prescribed under the rules, as a result of disciplinary proceedings cannot be awarded.

Further, in  (by 3 judge bench - in para 10) it is held salary can not be denied under any pretext as it is a property as per section 300(A) of the constitution.

"25. . The salary is a property given to the hands of the State which cannot be withheld except under the powers derived by a statute or law as contemplated under Article 300A of the Constitution of India as laid down by the Supreme Court in MANU/SC/0046/1988: AIR1988SC1407 [State of U.P. v. Haji Ismail Noor] and MANU/SC/0325/2003: [2003]3SCR779 [K.S.R.T.C. v. K.O. Varghese].

28. The above executive instruction is not a law under Rule 300A of the Constitution of India."

Article 20(2) of the Constitution runs:
"No person shall be prosecuted and punished for the same offence more than once."

So, after dismissal, performance related pay can not be withheld as it is a second punishment for the same offence.

But, the management is not willing to listen.

What are the options available to such an employee?


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