Kartar Singh v. Govt.Of NCT of Delhi & Anr

PRADEEP NANDRAJOG, J.(Oral)

¶1Learned counsel for the petitioner states that he restricts submissions to the proportionality of the penalty.

¶2Serving as a Warder in Tihar Jail, at a departmental inquiry, the petitioner has been found guilty of trying to smuggle a bag containing 27 bundles of 'Newla Brand Tobacco' containing 140 tobacco pouches. He has been dismissed from service as per order dated August 10, 1999. Departmental appeal was rejected on June 09, 2000. Challenge before the Central Administrative Tribunal has failed.

¶3Relevant for the subject of proportionality would be two decisions dated October 20, 2010 disposing of WP(C) 13978/2009 and 14169/2009 in which penalty of dismissal from service upon Warders, trying to smuggle

tobacco into the precincts of the Tihar Jail Complex, were held to be excessive as also information obtained by the writ petitioner relating to 75 Warders, Barbers etc. to whom penalties were levied for smuggling tobacco into the precincts of Tihar Jail Complex. Put in a tabulated form the penalties would be as under:-

Sl.No. Name & Designation of official Misconduct Decision

¶1Gyan Singh Rawat, W-438 Carrying Prohibited articles in Jail (Bidi-Bundle) Penalty of stoppage of increment for two years

31.01.96

¶2Azad Singh, W-Carrying Prohibited articles in Jail (Bidi-Bundle) Penalty of stoppage of two increments of two years vide order dated

10.06.96

¶3Teja Singh, W-Carrying Prohibited articles in Jail (Bidi-Bundle) Penalty of stoppage of two increments for two years vide order dated

20.09.96

¶4Mukesh, Sweeper Recovery of tobacco packet Penalty of stoppage of one increment for one year vide order dated

31.01.96

¶5Jai Narain-II, W-Recovery of Biri Bundles Dismissed

08.05.96 (reinstated by CAT vide order dated 07.07.2000.

¶6Bhopal Giri, W-Influence of Liquor Dismissed

31.1.96, later reinstated in service.

¶7Ram Kashyap, W-220 Influence of Liquor Penalty of stoppage of one increment for two years vide order dated

08.05.96.

¶8Gaye Singh, W-Influence of Liquor Penalty of stoppage of 4 increment for three years

12.08.97

¶9Dharam W-267 Recovery of 23 Biris and Penalty of stoppage of four increments for 04

match sticks years vide order dated

12.05.98

¶10Ram Chander, W-336 Recovery of 04 packets tobacco Penalty of stoppage of 03 increment for 02 years cumulative effect vide order dated

30.07.97

¶11Rajinder W-298 Recovery of 04 packets and 06 packets of tobacco Penalty of stoppage of 03 increments for 01 year

20.05.98

¶12Jai Bhagwan, W-Throwing of 15 pkt tobacco inside jail Penalty of reduction by 05 steps for 05 years

21.05.99

¶13Karan Singh, W-Carrying prohibited articles (One Biri Bundle) Penalty of stoppage of 05 increments for 05 years cumulative effect vide order dated

29.06.99

¶14Kamal Singh, W-Influence of alcohol Penalty of reduction of pay by four stages vide order dated 20.10.97

¶15Jagdish, N.O. Recovery of 04 pkts tobacco and 06 Biris loose Penalty of stoppage of two increments order dated 03.10.2001.

¶16Bhoop Singh, W-Carrying two pkts of tobacco and 13 biris Penalty of stoppage of 03 increments for 03 years

27.10.98

¶17Charan Dass, Peon Carrying 40 pkts Penalty of reduction by two stages for two years with increments without future effect vide order dated 28.05.99

¶18Hargovind Meena, W-547 Carrying 07 Biri bundles Penalty of stoppage of 04 increments for 04 years vide order dated 09.3.98

¶19Pratap Singh, W-Carrying 04 pkts Penalty of compulsory retirement with full pension and gratuity vide order dated 07.08.98

¶20Kartar Singh, W-Carrying 04 pkts Penalty of stoppage of 05

increments for 05 years cumulative effect vide order dated

16.07.99

¶21Hawa Singh, W-Carrying 08 pkts of tobacco Penalty of stoppage of 01 increment for 01 year cumulative effect vide order dated

11.09.98

¶22Suresh Bal, W-Carrying 36 Biri and one match box Penalty of reduction to lower stage from `3100/- to `2750/- for three years without increment during this period without future effect vide order dated

25.08.99

¶23Devender Kumar, W-471 Carrying 11 pkts of tobacco Penalty of reduction by three stages for three years without earning increments thereafter will not have effect of postponing his future increments vide order dated 05.10.99.

¶24Ranbir Singh, W-Recovery of Penalty of reduction of pay by one stage for one year vide order dated

12.05.99

¶25Rambir W-376 Recovery of Removed from service

20.07.98. Further, he was reinstated in service by the order of CAT dt.31.5.2000 and awarded penalty of reduction of two stages for two years vide order dated 21.1.2003.

¶26Ashwani Kumar, A.S. Smuggling of 11 big pkts of tobacco and one bir bundle Penalty of stoppage of 03 increments cumulative effect vide

01.11.99. Warned by the Appellate

Authority dated 5.6.2000.

¶27Kuldeep Kr.W-Recovery of Biri Penalty of reduction to initial stage from `3200/- to `3050/- for 05 years without increments

09.08.99

¶28Maha HW-191 Misbehaviour/infl uence of alcohol Rank reduce to lower post of warder for 2 years thereafter resorted

24.03.2000

¶29Virender, Driver Recovery of Dismissed dated 30.07.02. Later on reinstated in service.

¶30Ajit Singh, HW-Recovery of 16 biris Penalty of reduction of pay by 03 stages for 03 years without increments and without future effect

22.02.01.

¶31Sandeep Sharma, W-691 Recovery of biris Penalty of reduction by 01 stage for 01 year without increment and without future effect vide order dated 14.03.01

¶32Surender Kumar, W-580 Recovery of Penalty of reduction of pay by 02 stages for 03 years vide order dated

14.07.01.

¶33Dilbag Singh, W-Recovery of Biris Penalty of reduction of pay by two stages for two years increments future effect vide order dated 09.08.02.

¶34Om Prakash, W-Recovery of Biris Penalty of stoppage of two increments order dated 16.10.01.

¶35Kartar Singh, W-Recovery of Biris Penalty of reduction of pay at lowest for 03 years without increments

without future effect vide order dated 17.06.02.

¶36Shiv Raj Singh, W-227 Recovery of Biris Reduction of pay by one stage for one year vide order dated 01.08.02

¶37Trilok Chand, N.O. Recovery of Reduction of pay by one stage for three years cumulative effect vide order dated

30.09.02.

¶38Surender Kumar, W-755 Recovery of and unauthorized absence Reduction to lowest pay for 05 years without increments and without future effect vide order dated 25.07.02.

¶39Prahlad W-411 Recovery of Biris Reduction of pay by two stages for two years without increments and without future effect vide order dated 23.09.02.

¶40Mukesh Kumar, S.B. Recovery of Reduction of pay by one stage for one year without increments and without future effect vide order dated 26.07.02.

¶41Ishwar Singh, N.O. Supply of tobacco Reduction of pay by one stage for three years cumulative effect vide order dated

30.09.02.

¶42Rambir Singh, W-376 Reduction of two lower stages for two years and he will not give any increment during the period vide order dated

21.01.03.

¶43Bhopal Giri, W-Influence of alcohol Reduction of pay by one stage for one year vide order dated 10.12.2003.

¶44Anuj Kumar, W-Influence of alcohol Reduction of pay by three stages for three years without increments and future

effects vide order dated

18.10.02.

¶45Devender Kumar, W-471 Reduction of pay by three stages for three years without increments and future effects vide order dated

12.08.02.

¶46Bahadur Singh, Warder-395 smack Reduction of five increment for three years and he will not earn increment during the period. After three years he will give the benefit of three increment vide order dated 24.09.03.

¶47Ram Kumar Tyagi, W-715 Stoppage of one increment dated 27.06.02

¶48Anil Kumar, W-Misbehaviour under influence of alcohol Awarded a penalty of forfeiture of three increments vide order dated 16.05.2007

¶49Satbir Singh, W-Recovery of biri Stopping of two increments for two years

25.03.2004.

¶50Dinesh Kumar Papne, W-684 Dismissed from service

22.11.06.

Appellate Authority modified the penalty and reinstated him in service and his basic pay be reduced to Rs.6790/- plus 1900 as grade pay in the time scale of pay of Rs.5200-20200 plus 1900 grade pay.

¶51Sanjay Kumar, W-823 Throwing/Smuggl ing of Tobacco inside the Jail. Stoppage of two increments for three years vide order dated

10.03.04

¶52Vinod Kumar, W-852 Throwing/Smuggl ing of Tobacco inside the Jail Stoppage of two increments for three years vide order dated

10.03.04

¶53Amarjit Singh, W-829 Throwing bundle of Tobacco Reduction to lower stage of pay for the period of three years and he will not earn increments of pay and expiry of this period reduction will effect post paid the further increments of his pay vide order dated

17.08.05 Reduction to a lower stage of pay for 03 years and that during the period he will not earn increment at pay and on the expiry of period the reduction will effect further increment of his pay vide order 27.06.05

¶54Ramesh Kumar Yadav, W-731 Throwing bundle of Tobacco Reduction to a lower stage in the time scale of pay for the period of three years cumulative effect vide order dated 23.03.07

¶55Sumit Mohan, W-808 Smuggling of Tobacco Reduction of three stages for three years vide order dated 10.12.03

¶56Ramesh Kumar, N.O. Reduced for one lower stage for one year vide order dated 10.01.03

¶57Nathi Lal, HW-242 Reduction of pay to one stage in this time scale of pay for a period of three years with cumulative effect vide order dated

03.08.06.

¶58Dadan Choudhary, W-560 Smuggling of Liquor Removal from service

19.02.07. Reinstated in

service, awarded penalty of reduction of pay by three stages for three years w.e.f. date of removal vide order dt.

27.05.08

¶59Prahlad Sharma, W-671 Tobacco, Cigarette, Gutkha etc. Penalty of reduction of pay to two stages in the time scale for the period of three years with cumulative effect. He will not earn any increment during said period vide order dated

29.08.06.

¶60Vinod Kumar, W-852 Penalty of stoppage of one increment for one year vide order dated

17.01.06

¶61Satpal Dahiya, W-726 Tobacco and Gutkha Reduction of pay by two stages for a period of three years with cumulative effect vide order dated 20.12.2010

¶62Sanjeev Kumar, W-693 Smuggling of Tobacco Penalty of reduction to a lower stage in the time scale of pay for a period of two years without cumulative effect vide order dated 14.06.06

¶63Satbir Singh, W-982 Smuggling of Tobacco Dismissed on 24.10.2007 and penalty modified to a reduction by 02 stages for years with cumulative effect vide order dt. 20.12.2010

¶64Pushpender Singh, W-1093 Removed from service vide order dt.5.6.2007, penalty modified by appellate authority to a penalty of reduction of two increments in pay with cumulative effect

for a period of five years vide order dt.21.01.2011

¶65Bhim Singh, W-518 Dismissed on 26.11.07, Penalty modified reinstated in service vide order dated 05.08.08

¶66Kulbir Singh Rana, W-1037 charas Removal from service vide order dt.21.12.06. Penalty modified by Appellate Authority and he was reinstated in service with all consequential benefits.

¶67Raj Kumari, Mali Smuggling of Tobacco Penalty of reduction to a lower stage for a period of three years without cumulative effect vide order dated 19.03.07

¶68Kusumlata, Mali Smuggling of Tobacco Penalty of reduction to a lower stage for a period of three years without cumulative effect vide order dated 31.01.07

¶69Raj Pal Tyagi, W-299 Tobacco Removed from service

17.07.07, Penalty modified as compulsory retirement dated 05.03.08.

¶70Jaibeer Singh, W-760 Rajdarbar tobacco Reinstated in service and penalty of reduction of pay for five stages for five years

¶71Savitri, Sweeper Recovery of one packet tobacco Penalty of reduction to lower stage in the time scale of pay by one stage for a period not exceeding one year cumulative effect 24.05.07.

¶72Parbhushan W-863 Tobacco Stoppage of 5 increments for 5 years with C.E. Vide

07.08.09.

¶73Narender Kumar, W-1057 Throwing of tobacco bundle inside CJ-3 Reinstated in service & awarded the penalty of reduction of pay by two stages for a period of five years with C.E. Vide order dated 03.08.11.

¶74Gaurav Yadav, W-1147 Penalty of censure vide order dt. 09.11.2010

¶75Hawa Singh, W-465 Removal from service vide order dt.28.05.09. Removal dt.

28.05.09 have been modified. Stoppage of 2 increment with C.E. Vide

15.11.2010 passed by Appellate Authority

¶4Suffice would it be to state that pertaining to some persons the number of packets of tobacco recovered have been noted and qua some the number of bundles has been stated. But one thing emerges : that none has been inflicted with the penalty of dismissal from service.

¶5Under the circumstances we dispose of the writ petition setting aside the penalty order dated August 10, 1999 as also the appellate order dated June 09, 2000. Order dated May 29, 2002 passed by the Central Administrative Tribunal is also set aside. Noting that unfortunately the writ petition has remained pending in the Record Room of this Court we levy the penalty ourselves.

¶6Keeping in view the number of pouches of tobacco which petitioner was trying to smuggle, we inflict upon him the penalty of stoppage of three increments without cumulative effect. The period during which petitioner remained suspended during inquiry would not be treated as entitling petitioner to wages. Suspension Allowance received would be

enough. We deny back wages to the petitioner for the period interregnum he being dismissed from service till today i.e. the day when we have substituted the penalty. Said period would not be counted for any service benefit save and except to compute pensionable service. Meaning thereby, for this period the petitioner would not be entitled to any wages, actual or on notional basis and he would not earn any notional increment. Upon reinstatement the petitioner would suffer the penalty of stoppage of three increments without cumulative effect.

¶7The petitioner is directed to report to the Superintendent, Central Jail Tihar on March 08, 2013.

¶8Copy of this order be supplied 'DASTI' to the petitioner as also to the respondent.

(PRADEEP NANDRAJOG)

JUDGE

(PRATIBHA RANI)

JUDGE FEBRUARY 27, 2013 skb

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: February 27, 2013 + WP(C) 2380/2003 KARTAR SINGH ..... Petitioner Represented by: Mr.Anil Hooda and Mr.Prashant Kumar, Advocates. versus GNCT OF DELHI & ANR. ..... Respondents Represented by: Ms.Megha Bharara, Advocate for Ms.Ruchi Sindhwani, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI