G M TANK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The appellant joined the service in 1953 as an Overseer. The appellant was regularly submitting his property return showing all his movable and immovable properties. As per the department, the movable and immovable properties were disproportionate to his known sources of income. The Anti-Corruption Bureau carried out an investigation against the appellant and submitted a report and on the basis of the said report, a charge-sheet dated 20-2-1979 was issued alleging that the appellant had illegally accumulated the excess income by way of gratification. The appellant submitted his explanation on 15-5-1979 and denied the allegations as well as charges made in the charge-sheet. A departmental enquiry was ordered and as per departmental enquiry reported dated 31-3-1980, the appellant was found guilty of the charge. The respondent by order dated 21-10-1982 passed an order of dismissal from the service as punishment.

(3.) Against the said dismissal order, the appellant filed a writ petition before the High Court. The learned single Judge concluded that there is sufficient evidence against the appellant and dismissed the petition. Against the order of the learned single Judge, the appellant preferred L.P.A. and raised the relevant contentions, The Division Bench dismissed the L.P.A. by confirming the order of the learned single Judge. The said decision is challenged in this appeal by special leave.