9911796707
TMI Blog2023 (8) TMI 1007X X X X Extracts X X X X X X X X Extracts X X X X ..... Government of India and it has been passed in terms of Central Civil Services (Classification Control Appeal) Rules 1965. Neither reply nor arguments of learned counsel for the respondents are disclosing power of Appellate Authority to enhance penalty, thus, penalty has been enhanced without jurisdiction. It is settled proposition of law that Appellate Authority can enhance penalty if there is specific provision and in the absence of provision, Appellate Authority cannot enhance penalty. A Division Bench of this Court in M/S NIRVAIR SINGH VERSUS FINANCIAL COMMISSIONER TAXATION [ 2017 (3) TMI 1423 - PUNJAB HARYANA HIGH COURT ] has adverted with this issue and has held that Appellate Authority cannot enhance penalty in the absence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued charge-sheet dated 15.10.2018, alleging violation of Government Rules and Guidelines while making purchase. The petitioner filed his reply. An enquiry came to be conducted. The Enquiry Officer after completing enquiry submitted his report dated 27.12.2019 to disciplinary authority which in turn issued show cause notice dated 11.03.2020 alongwith enquiry report. The disciplinary authority vide order dated 22.07.2021 imposed minor penalty namely Censure and further ordered for proportionate recovery which was made from the petitioner for the pecuniary loss caused to the institute. There was loss of Rs. 53,000/- and there were five persons who were responsible for the loss. The petitioner preferred an appeal against order imposing min ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the respondents expressed his inability to show any provision which enables Appellate Authority to enhance penalty. 6. I have heard the arguments of both sides and with the able assistance of learned counsel have perused the record. 7. From the perusal of reply as well as arguments of learned counsel for the respondents, it is evident that there is no provision which empowers Appellate Authority to enhance quantum of penalty imposed by original authority. In the case in hand, appellate order dated 16.12.2022 has been passed by Joint Secretary to Government of India and it has been passed in terms of Central Civil Services (Classification Control Appeal) Rules 1965. Neither reply nor arguments of learned counsel for the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder for costs. Where the Legislature intends conferring a power upon an appellate or revisional authority to enhance the relief in favour of the respondent, it does so specifically. For instance, Sections 128 and 128-A of the Customs Act, 1962 (in short the Customs Act) confer such a power. Sub-section (3) of Section 128-A of the Customs Act confers the power upon the Commissioner (Appeals) to enhance the penalty. This is evident from the first proviso to sub-section (3) of Section 128-A which stipulates that an order enhancing any penalty or fine in lieu of confiscation shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed enhancement. The word modifying in the openi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jor penalty, vigilance clearance will not normally be granted for a period of five years, after the currency of punishment. During the period, the performance of the officer should be closely watched. 10. From the perusal of afore-cited clause, it is evident that it is applicable for Vigilance Clearance whereas petitioner is not seeking Vigilance Clearance. The petitioner is not asking for certificate without disclosing factum of penalty whereas petitioner is seeking No Objection Certificate to join another department. The case of the petitioner is not covered by aforesaid clause, thus, reliance placed by respondent is misplaced. 11. In the wake of aforesaid facts and findings, the respondent is hereby directed to issue No Objec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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