Mere Registration Of FIR Does Not Constitute Misconduct, Increments Cannot Be Withheld On That Ground: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that the mere registration of an FIR against an employee does not amount to misconduct and, therefore, cannot be a valid ground to withhold annual incrementsJustice Harpreet Singh Brar said, "The increment earned by an employee stands as an acknowledgment of services duly rendered during the preceding period. It is a vested right accruing over the course of performance, distinct from any assessment of future conduct. Observing the procedural safeguards, the mere registration of an FIR does not equate to misconduct or guilt but serves only as a marker of a future investigation whose outcome remains uncertain."The Court further said that, consequently, withholding increments on this tentative basis disrupts the principle of fairness, as it punishes an individual without a conclusive determination."Only an adjudicated penalty imposed following a formal disciplinary process provides justifiable grounds for withholding increments. This ensures that employees are not subjected to arbitrary deprivation while preserving the sanctity of disciplinary authority," it added.The writ petition was filed with a prayer for issuance of an appropriate writ, order or directions especially in the nature of certiorari for quashing the impugned order rejecting the claim of petitioner for grant of notional benefits of annual increments from the date when petitioner successfully passed the type test along with interest @ 9% Per annum on account of alleged non-sanction of probation period due to pendency of FIR. Counsel for the petitioner contended that the petitioner was appointed as a Clerk in Punjab State Civil Supplies Corporation Limited (PUNSUP) on 20.09.2001 on compassionate grounds on account of demise of his father and joined services on 15.10.2001. Further, one of the conditions incorporated in the appointment letter is with regard to clearing the type test. He had successfully completed three years of tenure, as such, he is deemed to have cleared the probation as provided under the Rule 11 of Probation of Members of Service in the service byelaws of PUNSUP dealing with the probation. The maximum period of probation as per service rules is two years which can be extended upto three years. He has completed the three years of service to the satisfaction of the respondent-Corporation and would be deemed to be confirmed for the post, added the counsel.The petitioner cleared the typing test, but his annual increment and promotion was denied on account of lodging of FIR.After hearing the submissions, the Court referred to Apex Court's decision in Director (Admn. and HR) KPTCL v. C.P. Mundinamani [2023 INSC 352] while speaking through Justice M.R Shah made the following observations, “6.7.....and denying a government servant the benefit of annual increment which he has already earned while rendering specified period of service with good conduct and efficiently in the last preceding year. It would be punishing a person for no fault of him. As observed hereinabove, the increment can be withheld only by way of punishment or he has not performed the duty efficiently. Any interpretation which would lead to arbitrariness and/or unreasonableness should be avoided......”In the light of the above, the petition was allowed and the impugned order was set aside. The competent authority was directed to grant annual increments from the date the petitioner had passed the type test and respondents were further directed to confirm the petitioner on completion of his probation period and his case for promotion and ACP scheme be also considered in accordance with law. Mr. Padamkant Dwivedi, Advocate and Ms. Mehak Singh, Advocates for the petitioner.Ms. Sunint Kaur, Advocate for the respondents. Title: Pritpal Singh v. Punjab State Civil Supplies Corporation Limited (PUNSUP) and anotherCitation: 2025 LiveLaw (PH) 413Click here to read order

Mere Registration Of FIR Does Not Constitute Misconduct, Increments Cannot Be Withheld On That Ground: Punjab & Haryana High Court

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Mere Registration Of FIR Does Not Constitute Misconduct, Increments Cannot Be Withheld On That Ground: Punjab & Haryana High Court

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