Disciplinary Action
Querist :
Anonymous
(Querist) 20 April 2011
This query is : Resolved
The punishing Authority disposed the charges with minor punishment of stoppage of increment for one year without cumulative effect.On appeal, the appellate authority increaed the punishment with stoppage of increment for two years without cumulative effect.Is it right?.If not what is the remedy?
Guest
(Expert) 20 April 2011
Yes, appellate authority, if he feels that the penalty is not commensurate with the gravity of offence, can increase or decrease the penalty, as he may consider justified.
Even otherwise also, as of common sense, if the appellate authority can decrease or even waive off the penalty, why he would not be competent to increase the same if found justified?
Kirti Kar Tripathi
(Expert) 20 April 2011
No, it is absolutely illegal. Appellate Authority can not enhance the punishment on appeal made by the delinquent employee. However, in case, disciplinary authority refers the matter for review of punishment, the higher authority can review the punishment awarded and enhance the same but not in appeal by employee.
Kiran Kumar
(Expert) 26 April 2011
I agree with Mr. Tripathi
