Chhattisgarh High Court: even a minor penalty needs a chance to reply; a later representation can't cure the defect

The Chhattisgarh High Court quashed an order withholding one annual increment, without cumulative effect, of an Assistant Draftsman in the Rural Engineering Services at Korba. The authorities had imposed the penalty on 11 June 2026 without first telling her in writing that disciplinary action was proposed, what misconduct was alleged, or giving her a reasonable opportunity to submit a representation. Rule 16(1)(a) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules requires these steps before a minor penalty is imposed.

The State argued, in effect, that the penalty was only minor. The Court held that even for a minor penalty, a government servant must be given an opportunity to meet the allegations and explain herself. It called this the minimum requirement of natural justice and a statutory requirement that cannot be dispensed with.

It also held that a representation she submitted after the penalty had been imposed could not cure the fundamental procedural defect, because the right is to be heard before the decision, not after it. Since the statutory opportunity had been denied, the penalty order was vitiated and set aside with consequential benefits. The disciplinary authority was left free to proceed afresh, if permissible, strictly in accordance with the rules.