VIGILANCE MANUAL VOLUME III - AP Online

676 DECISION - 333
the language which if peeled off, its true colour or its resultant effects
would become apparent. When we broach the problem from this
perspective, the effect is as envisaged under Rule 5(v) of the Rules
(i.e. reduction to a lower stage in the time-scale of pay). ........... Rule
5(iv) does not empower the disciplinary authority to impose penalty
of withholding increments of pay with cumulative effect except after
holding inquiry and following the prescribed procedure. Then the
order would be without jurisdiction or authority of law, and it would be
per se void.” Considering from this angle, the Supreme Court held,
the impugned order would come within the meaning of Rule 5(v) of
the Rules; it is a major penalty and imposition of the impugned penalty
without enquiry is per se illegal.
(333)
(A) Misconduct — unbecoming conduct
A senior officer and a young junior lady officer, while
on official tour travelling together by ship in a cabin
with two berths for 4 days and staying in a doublebed
room for 12 days, does not constitute
unbecoming conduct.
(B) Penalty — recorded warning, amounts to censure
Recordable warning amounts to censure and cannot
be imposed without following prescribed procedure
for imposition of a minor penalty.
S.S. Ray and Ms. Bharati Mandal vs. Union of India,
1991 (7) SLR CAT DEL 256
The applicants, a Deputy Director of Investigation and an
Assistant Director of Investigation in the Income tax department at
Calcutta, latter being a lady officer working under the former, went
on an official tour to Port Blair. They traveled by ship in a deluxe
cabin with only two berths, the journey lasting four days and stayed
in a double-bed room in the Circuit House at Port Blair for 12 days,
the Circuit House register showing them as husband and wife.