(WPS No.3658/2020) CGHC010198192020 2026:CGHC:36316 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3658 of 2020 Sameer Mohale, S/o Shri K.R. Mohale, aged about 38 years, working in the post of Jail Warder, District Jail, Rajnandgaon (C.G.), District Rajnandgaon (C.G.), R/o Village Sarangpur, Tahsil Mungeli, Police Station Fasterpur, District Mungeli, Chhattisgarh. ... Petitioner versus 1. State of Chhattisgarh, Through its Secretary, Department of Home (Jail), Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 2. The Additional Director General, Jail and Correctional Services, Chhattisgarh, District Raipur, Chhattisgarh. 3. The Jail Superintendent, Central Jail, Durg, District Durg, Chhattisgarh. 4. Assistant Jail Superintendent and Enquiry Officer, Sub Jail, Bemetara, Chhattisgarh. 5. Jail Superintendent, District Jail, Rajnandgaon, District Rajnandgaon, Chhattisgarh. ... Respondents For Petitioner : Mr. Sunil Pillai, Advocate. For Respondents : Mr. Rahul Tamaskar, Government Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/08/2026 SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.08.17 17:41:58 +0530 (WPS No.3658/2020) 1. By way of this writ petition under Article 226 of the Constitution of India, the petitioner has questioned legality, validity and correctness of the order dated 13-7-2020 (Annexure P-6) passed by respondent No.2, by which the appeal preferred by the petitioner has been dismissed affirming the order dated 2-1-2020 (Annexure P-4) passed by respondent No.3, whereby he has been inflicted the penalty of stoppage to two annual increments with cumulative effect. 2. Mr. Sunil Pillai, learned counsel appearing on behalf of the petitioner, would submit that directing stoppage of increments amounts to major punishment which is disproportionate to the misconduct allegedly proved against the petitioner, therefore, it should be suitably reduced or set aside. 3. Mr. Rahul Tamaskar, learned State counsel appearing on behalf of the respondents/State, would support the impugned orders and oppose the writ petition. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 5. The petitioner was charge-sheeted on 14-5-2019 as he remained unauthorisedly absent from duty continuously from 10-9-2018 to 11- 9-2019 and he refused to take the envelope of registered post sent through post which is found proved and by order dated 2-1-2020, he was inflicted the penalty of stoppage of two annual increments with cumulative effect which amounts to awarding major punishment (WPS No.3658/2020) which has even been approved by the appellate authority. However, after having considered the facts and circumstances of the case and gone through the record and further considering the material available on record, the punishment of stoppage of two increments with cumulative effect is disproportionate to the misconduct allegedly proved against the petitioner and therefore it requires to be modified. Accordingly, the stoppage of two increments with cumulative effect imposed upon the petitioner is modified to the extent of non-cumulative effect. 6. The writ petition is allowed to the extent indicated herein-above but without any order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Soma