CWP(T) No. 6905/2008 14.09.2010 Present: Mr. O. P. Sharma, Advocate, for the petitioner Mr. Vikas Rathore, Dy. A.G. for the respondents There is no dispute that petitioner was transferred from Govt. Sr. Secondary School, Chandi, District Solan to Govt. Sr. Secondary School, Mamlig, District Solan vide order dated 23.7.1994. It is also not in dispute that petitioner did not join his place of posting and remained absent. His absence is attributable due to the illness of his parents. It is also not in dispute that vide order dated 19.10.1996 petitioner was again asked to join the place of his posting, failing which disciplinary action was to be initiated against him. It is also not in dispute that petitioner did not immediately join. He joined only on 20.8.1999. Petitioner was placed under suspension and his headquarters were fixed at Govt. Sr. Secondary School, Mamlig where also he did not report. 2. Respondent authorities initiated disciplinary proceedings against the petitioner and after fully complying with the principles of natural justice imposed the penalty of withholding of one increment with cumulative effect and entire period of his absence was treated as dies non. The authorities took this liberal view by taking into account the attending circumstances. 3. Now the penalty imposed cannot be said to be harsh. The principle of disproportionately is not applicable. It also cannot be said that two penalties were imposed for the same cause of action. The authorities took a lenient view and re-instated the petitioner. Undoubtedly he violated the orders passed by the authorities and consequently it cannot be held that petitioner is entitled to the relief claimed for. He did not issue any certificate to the effect that he was not engaged in any employment during the period of his suspension as is required under C.C.S. (CCA) Rules, 1965. 4. Learned counsel for the petitioner has referred to and relied upon the decision rendered by the Apex Court in Lt. Governor, Delhi & Ors. vs. HC Narinder Singh 2004 (13) SCC 342. The judgment does not apply to the facts of the instant case at all. In Lt. Governor, Delhi (supra) the Court was dealing with the case where after imposition of penalty second show cause notice was issued to the delinquent employee with respect to the very same charge. In these circumstances, the action initiated by the respondents was held to be illegal and arbitrary. These are not the facts herein. 5. It cannot be said that any legally enforceable right of the petitioner stands violated. Petition without any merit is dismissed. ( Sanjay Karol ), Judge. September 14, 2010 (rana)