IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 6149 OF 2001 (S/S) Nathi Singh Rawat …………….Petitioner. Versus State of U.P. and others. …..……….Respondents. Mr. Gopal Narain, learned counsel for the petitioner. Mr. Shobhit Saharia, learned counsel for the respondent no. 2 and 3. 29th July, 2008 Hon’ble P.C. Verma, J. By means of present writ petition, the petitioner has challenged the order dated 15.11.1996 passed by the Managing Director, Garhwal Mandal, Vikas Nigam Ltd., Dehradun contained as Annexure No. 11 to the writ petition. 2. Brief facts of the case are that the petitioner was appointed in the year, 1981 in Garhwal Mandal Vikas Nigam Ltd. on the post of Assistant Grade-II in the Pay- Scale of Rs. 1025-1720 w.e.f. 01.01.1986. The petitioner continued in the aforesaid pay-scale of Rs. 1025-1720 and was posted from time to time on different posts carrying the aforesaid pay-scale. In the month of April, 1993, petitioner was posted as Incharge, Tourist Bungalow, Dhanaulti. On 26.10.1993, while the petitioner was posted as Incharge, Tourist Bungalow, Dhanaulti, an order was 2 passed by the Managing Director placing the petitioner under suspension with regard to some incident dated 24.10.1993. On 28.12.1993, Enquiry officer issued a Charge-sheet to the petitioner, which was served upon the petitioner in the month of January, 1994. The petitioner continued under indefinite suspension and was only paid his subsistence allowance i.e. 50% of his basic salary along with D.A. thereon. The petitioner kept on working under suspension for almost three years, but his subsistence allowance was not increased and the same remained constant at 50% of his basic salary along with D.A. payable thereon. On 15.12.1995, a notice was issued to the petitioner to show cause against imposition of major penalty accompanying a copy of the Enquiry Report dated 17.11.1995. Petitioner submitted a detailed reply to that Show Cause Notice on 25.1.1996. The petitioner has further alleged that subsistence allowance was not paid to the petitioner till the month of May, 1996. Since, according to the petitioner, the authorities were keeping the matter pending, the petitioner filed a Writ Petition No. 31584 of 1996 in the High Court of Allahabad. Allahabad High Court on 4.10.1996 passed an order directing the respondents to conclude the departmental proceedings and to pass final orders within a period of one month from the date of production of a certified copy of the said order. Since nothing was being done by the authorities, therefore, the petitioner filed a Civil Contempt Petition No. 2666 of 1996. In the contempt petition, notices were issued. Thereafter, an order was passed on 15.11.1996 purporting to dismiss the petitioner from service and further directing that the petitioner will not be entitled for further repayment apart from the 3 subsistence allowance paid during the period of suspension. 4. It is settled law that if the punishment is disproportionate or shocking in nature, which could not have been awarded considering the nature of the charge, the High Court can award lesser punishment than that awarded by the court below. 5. Here in the present case, the petitioner was found absent from the office for only one day, for which he gave explanation that her mother had fallen ill and therefore, he had to rush immediately and he could not come to the office. This has not been denied by any of the witness or document produced by the employer. 6. Therefore, the charge was not so serious in nature in which the order of discharge, retrenchment or termination of service could have been passed, therefore, the order of termination dated 15.11.1996 is set aside. However, the punishment is reduced to the extent that one censure entry shall be given with the stoppage of one increment with cumulative effect, but the petitioner shall be reinstated in service. He shall not be given the salary for the period from the dismissal till the date of passing of this order. 7. Accordingly, the writ petition is partly allowed. No order as to costs. (P.C. Verma, J.) 29.7.2008 Rathour