C.M. No.3331 of 2009 and -1- LPA No.1251 of 2009 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No.3331 of 2009 and LPA No.1251 of 2009 (O&M) Date of decision: 27.4.2010 Satyawan Singh ............Appellant Versus Union of India and others .........Respondents CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Rakesh Gupta, Advocate for the appellant. ALOK SINGH, J. C.M. No. 3331 of 2009 For the reasons mentioned, application is allowed and delay of 198 days in filing the appeal is condoned. LPA No.1251 of 2009 (O&M) 1. Present appeal is filed assailing judgment dated 16.01.2009 passed by learned Single Judge of this Court, thereby dismissing the writ petition bearing CWP No.21115 of 2008 challenging the orders Annexures P-1, P-2 and P-3 imposing the minor penalty of stoppage of one increment for two years without cumulative effect. 2. Brief facts of the present case are that writ petitioner (herein appellant) was recruited about more than 14 years ago in the C.M. No.3331 of 2009 and -2- LPA No.1251 of 2009 (O&M) Central Industrial Security Force Unit (CISF); While posting in Assam, petitioner/appellant went for medical check from Assam Medical College, Dibrugarh on 8.8.2006 along with an Attendant Raghubir Singh; Doctor after examination advised the petitioner/appellant to be admitted in the Medical College; However, petitioner/appellant due to shortage of funds, refused to get himself admitted in the Medical College; Thereafter, Doctor prescribed 15 days medicine and advised him to take rest; Petitioner/appellant sought and was granted leave on 10.8.2006 for one month w.e.f. 16.8.2006 to 16.9.2006; Petitioner/appellant further got extended his leave from 17.9.2006 to 30.9.2006; During this period, petitioner/appellant was under treatment, firstly, at Government Dispensary, Sector 8, Chandigarh and thereafter at PGI, Chandigarh; Petitioner/appellant applied for extension of leave, however, it was declined due to non-furnishing of the medical certificate; Petitioner/appellant was declared as overstay of leave for the period 01.10.2006 to 06.11.2006; Petitioner/appellant was served with the show-cause-notice and in the departmental inquiry, petitioner/appellant was found guilty of overstay of leave and was awarded minor punishment of stoppage of one increment for two years without cumulative effect. 3. We have heard learned Counsel for the appellant and perused the record. 4. Learned Counsel for the petitioner/appellant could not point out any illegality in the punishment orders or in the order passed by learned Single Judge. C.M. No.3331 of 2009 and -3- LPA No.1251 of 2009 (O&M) 5. Undisputedly, petitioner/appellant overstayed of leave from 01.10.2006 to 06.11.2006. In the facts and circumstances of the case, we find that minor punishment of stoppage of one increment for two years without cumulative effect, awarded to the petitioner/appellant, is neither illegal nor improportionate. 6. The appeal is devoid of merit, hence, is dismissed. (ALOK SINGH) JUDGE (ADARSH KUMAR GOEL) 27th April, 2010 JUDGE ashish