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Judgment
Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.
The present proceeding is filed for quashing and setting aside the penalty imposed by respondent Nos.3 and 4 of stopping one increment
permanently of the petitioners. Both the sides heard.
The submissions made and record show that only on the basis of preliminary enquiry, after giving opportunity to have say, for the so called
misconduct the aforesaid penalty is imposed by respondent Nos.3 and 4. Learned Counsel for the petitioners submitted that as one increment is
stopped permanently and it is not for the one year, that penalty is major penalty and the employer ought to have conducted Departmental Enquiry
for imposing such penalty.
Learned Counsel for the respondents drew attention of this Court to Rule 31 and also Rule 29 of the Maharashtra Employees of Private
Schools (Conditions of Service) Rules, 1981. Learned Counsel submitted that in Rule 31 there is classification of penalties and under minor
penalties there is a class created of withholding of an increment for a period not exceeding one year. He submitted that though such classification is
there, under major penalty head no penalty of stopping more than one increments or one increment permanently is mentioned and due to that it
cannot be said that the penalty imposed is the major penalty. He then took this Court through the procedure which needs to be followed and it is
given in Rule 29. He submitted that the present penalty needs to be treated as minor penalty and even if the petitioners have some grievance with
regard to the procedure, it was open to them to file appropriate proceeding like appeal before the Deputy Director and so the present proceeding
is not tenable.
The submissions made by the learned Counsel for the respondents / employer that the penalty can be treated as minor penalty is not acceptable
in law. Under Service Rules, stopping of one increment for a period of one year amounts to minor penalty and that Rule is accepted under Rule 31
of M.E.P.S. Rules. Every other penalty by which the increment is stopped for further period or more increments are stopped, that will amount to
major penalty. For imposition of major penalty Departmental Enquiry needs to be held as detailed enquiry is expected. As that is not done in the
present matter, this Court holds that the order of penalty made by the respondents can not sustain in law. It would be open to the respondents to
follow the proper procedure if the employer wants to make enquiry into so called misconduct.
In the result, the petition is allowed. The order of the respondents under challenge is hereby quashed and set aside. Rule is made absolute in
these terms.