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STOPPAGE OF TWO INCREMENTS PERMANANTLY NOT JUSTIFIED: RULES MAT

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Justice Hon’ble Shri. Shree Bhagwan at Maharashtra Administrative Tribunal, Mumbai, Bench at Nagpur quash the order of punishment imposed by the project officer, Integrated Tribunal Development Project, Devri, Dist. Gondia.

One Shobha Wamanrao Urkude approached to the Maharashtra Administrative Tribunal against the order dated 15/06/11 in respect of stoppage of two increments permanently. On 26/12/2019 when the applicant was discharging her duties as a cook, one Shri. A. D. Gajbhiye told the applicant to clean the rice with water and being annoyed of that, the applicant assaulted the other employee Shri. A. D. Gajbhiye by the Steel Jug.

The offence under section 324, 506 of Indian Penal Code came to be registered wherein the applicant came to be acquitted by the competent court.

While setting aside the order of stoppage of two increments, the court observed that since the applicant is acquitted from the criminal charge and therefore the applicant will be entitled for all the service benefits including monitory benefits as if she was never under punishment. The court directed the authorities to issue the order within 60 days from the date of receipt of the order.

Adv. Ishwar S. Charlewar, Adv. Deepa I. Charlewar & Adv. Sonal Tripathi appeared for the applicants and Adv. Shri. A. M. Khadatkar represented the state.

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