THE GUJARAT MARITIME BOARD Vs. G.C. PANDYA

JUDGEMENT

(1.) This appeal is directed against order dated 18.12.2013, passed by the High Court of Gujarat in Second Appeal No. 172 of 2013 whereby said Court has dismissed the appeal upholding the judgment and decree passed by the first appellate court and the trial court.

(2.) We have heard learned counsel for the parties and perused the papers on record.

(3.) Brief facts giving rise to this appeal are that respondent G.C. Pandya was Deputy Engineer (civil) with the appellant Gujarat Maritime Board. He was charge-sheeted for certain irregularities allegedly committed by him during the period 1982-1984, due to which the appellant suffered huge losses. In said enquiry the plaintiff/respondent G.C. Pandya was held guilty and awarded punishment of "censure" on 26.6.2002. He was superannuated on 30.6.2002 from service as Superintending Engineer. He (respondent) instituted Civil Suit No. 569 of 2002 before Civil Judge, Porbandar, for declaration that the departmental enquiry held against him and punishment awarded are illegal. The plaintiff further sought his promotion with effect from 1.1.2002. It is pleaded in the plaint that the departmental enquiry was purposely kept pending with a motive to deny promotion to the plaintiff. It was alleged by the plaintiff that the allegations in the charge sheet were false, and the enquiry was initiated to allow promotion of juniors to the plaintiff.