ORDER : The petitioner is a driver in the respondent Corporation. He was issued a memo dated 20.04.2014 alleging that he was unauthorisedly absent from 22.01.2014 to 19.02.2014. He was asked to show cause, within a period of seven days as to why disciplinary proceeding shall not be taken against him. According to the petitioner, he submitted explanation on 15.05.2014 that he was not well and he took treatment and he also submitted leave letter including medical certificate for the period from 22.01.2014 to 19.02.2014, and the charges would be dropped. Thereafter, a memo dated 16.07.2014 was issued alleging that the petitioner was unauthorisedly absent from 22.01.2014 to 19.02.2014. It was alleged that he committed misconduct under clause 16(a), 16(c), 16(e) and 16(k) of the Model Standing Orders. It is stated therein that the respondents proposed to impose punishment of stoppage of increment for six months without cumulative effect, taking lenient view of the matter. The petitioner was directed to give his explanation as to why the aforesaid punishment should not be imposed on him. He gave a reply dated 10.08.2014, reiterating his earlier stand and sought to drop the proceedings. However, the impugned order dated 26.08.2014 was passed imposing punishment of stoppage of increment for six months without cumulative effect. This writ petition is filed against the aforesaid order dated 26.08.2014 imposing the punishment of stoppage of increment for six months without cumulative effect. 2. Since the matter lies in a narrow compass, the writ petition was taken up for final disposal. 3. According to the petitioner, either in the Model Standing Orders or in the Certified Standing Orders, the punishment of stoppage of increment cannot be imposed without enquiry. He has taken me through both the Model Standing Orders as well as the Certified Standing Orders. 4. On the other hand, the learned counsel appearing for the respondents Corporation has submitted that the Certifying Officer certified the standing orders on 05.09.1995. He has produced the certified copy of the standing orders. 5. According to the learned counsel for the respondents Corporation, for imposing minor punishment, no enquiry is necessary. 6. I have considered the submissions made on either side. 7. Clause 30 of the Certified Standing Orders prescribed various punishments. Clause 30(1)(i) and (ii) relate to minor punishment. He has produced the certified copy of the standing orders. 5. According to the learned counsel for the respondents Corporation, for imposing minor punishment, no enquiry is necessary. 6. I have considered the submissions made on either side. 7. Clause 30 of the Certified Standing Orders prescribed various punishments. Clause 30(1)(i) and (ii) relate to minor punishment. Those minor punishments are (i) Censure, (ii) Fine, subject to the provisions of the Payment of Wages Act, 1936 as amended from time to time. 8. Clause 30(1)(iii) to (viii) are punishments other than minor punishments. It is useful to extract the entire clause 30(1) of the Certified Standing Orders. “30. Punishment for Misconduct:- 1. The following shall be the prescribed punishments that may be awarded to a workman guilty of misconduct. Minor Punishment: (i) Censure. (ii) Fine, subject to the provisions of the payment of wages Act, 1936 as amended from time time. Punishments other than minor punishments: (iii) Stoppage of increment or increments with or without cumulative effect.” In cases of stoppage of increment, when it cannot be effected, if without cumulative effect, the monetary equivalent of the increments ordered to be withheld and if with cumulative effect; the monetary equivalent to 3 times of his increment ordered to be withheld, may be ordered to be recovered. (iv) Reduction in the time scale of pay for a specified period. Explanation: Where an order of reduction in the time scale of pay cannot be given effect to the monetary equivalent to the amount of reduction in the time scale ordered may be recovered from Pay/Wages of the workman. (v) Demotion to a lower post or lower grade. Note: No workman shall be demoted to any post or grade lower than to which he was initially recruited under the Corporation. (vi) Suspension for a period not exceeding 30 days. (vii) Removal from service. (viii) Dismissal from service.” 9. Clause 31deals with Procedure to be followed in Disciplinary Cases. The relevant clause is 31(iv) to (viii) and those clauses are extracted herein: “(iv) No punishment shall be imposed unless the workmen is informed in writing of the alleged misconduct. (v) The workman shall be given a reasonable time not less than fifteen days to file a written statement to the charge/charges from the date of receipt of the charge memo. (v) The workman shall be given a reasonable time not less than fifteen days to file a written statement to the charge/charges from the date of receipt of the charge memo. (vi) When the charge has not been admitted, an enquiry shall be conducted before awarding punishment except in case of punishments like censure and fine. (vii) No such enquiry will be necessary in cases involving minor punishments defined as item 1(i) & (ii) of S. 0.30. (viii) While conducting an enquiry the following procedure shall be followed: (a) The workman shall be given reasonable notice of the date, time and venue of the enquiry. (b) The oral statement of the workman, if any, at the time of enquiry shall be recorded. (c) The witness, to prove the acts of commissions and omissions, shall be examined in the presence of the workman and the workman shall be given an opportunity to cross examine the witness. (d) The workman shall be given reasonable opportunity to peruse the relevant records and copy down the minutes of enquiry. (e) The workman shall be given a reasonable opportunity to defend himself and to examine witnesses if any on his behalf. In defending himself, the workman if he so desires, shall be assisted by a c0-workman or any office bearer of the Union. Under no circumstances the workman and or his co-worker or office bearer representing him shall adopt any intimidatory tactics to unsettle the witness during the courses of domestic enquiry. (f) The proceedings of the enquiry and findings of the enquiry officer shall be recorded in Tamil. (g) The findings of the enquiry officer shall be furnished to the workman. (h) A copy of the enquiry proceedings shall be given to the workman concerned at the conclusion of the enquiry. (i) In awarding punishment, the punishing authority shall take into account the gravity of the misconduct, the previous record of the workman including the good record of the workman and any other extenuating or aggravating circumstances that may exist. (j) A copy of the final order in a disciplinary case shall be supplied to the workman. If the order passed is appealable it should be indicated to whom the appeal shall lie and the time within which such appeal shall be filed. The time limit for filing an appeal shall be 60 days from the date of receipt of the final order. If the order passed is appealable it should be indicated to whom the appeal shall lie and the time within which such appeal shall be filed. The time limit for filing an appeal shall be 60 days from the date of receipt of the final order. The appellate authority may condone delays if any in preferring the appeal after satisfying himself that the reasons for the delay are genuine.” 10. Clause 31(vii) makes it clear that only in cases of imposing minor punishment under 30(1)((i) and (ii), there is no need to hold enquiry and in cases of other punishments, there should be an enquiry. In fact, clause 31(vi) makes it clear that except in the cases of punishments like Censure and fine, there should be an enquiry. The procedures for holding the enquiry are dealt with in Clause 31(viii). In the present case, admittedly, the aforesaid provisions are not followed. 11. For the aforesaid reasons, the impugned order is liable to be interfered with. 12. Accordingly, the writ petition is allowed and the impugned order dated 26.08.2014 is quashed. However, the disciplinary authority is at liberty to hold enquiry and to decide about the imposing of punishment or otherwise in accordance with law. No costs. Consequently, connected M.P.(MD) No.1 of 2015 is closed.