The difference between an order withholding increment with cumulative effect and the one withholding increment without cumulative effect has been succinctly explained by the Hon'ble Apex Court in the case of Punjab State Electricity Board, Now Punjab State Power Corporation Ltd. vs. Raj Kumar Goel, reiterating the view taken in the case of Uttam Kumar vs. Delhi Jal Board, reported in MANU/DE/0135/2001 : 2001(4) S.C.T. 136: 2001 IVAD (Delhi) 166. The Hon'ble Apex Court has held that when increment is withheld without cumulative effect, it is in the realm of minor penalty and when it is done with cumulative effect, it could be in the compartment of major penalty. It further held that in the latter case, there is permanent postponement of the increment and in the former case, the increment withholding is only for a specific period and it is required to be released after expiration of the period for which the increment is directed to be withheld. That would mean that when the increment is directed to be withheld without cumulative effect, there would be only suspension of increment for the period for which it is withheld and the moment withholding period expires, the suspension of the increment would stand removed and that increment would be payable along with the increment payable in the year in which the withholding effect disappears.
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Writ Petition Nos. 425 and 541 of 2018
Decided On: 23.07.2019
Nilkanth Dhyanoba Jogdande Vs. Panjabrao Deshumukh Krishi Vidyapeeth
Hon'ble Judges/Coram:
S.B. Shukre and S.M. Modak, JJ.
Citation: 2020(1) MHLJ 897
