STATE OF GUJARAT Vs. GAJANAND M DALWADI

JUDGEMENT

(1.) Gajanand M. Dalwadi, since deceased (delinquent officer) was working in the Regional Transport Office under the Commissioner of Transport in the State of Gujarat. He had been working in the Department for Grant of Licence. At the relevant time, however, he was serving in the Accounts Department as a Summary Clerk.

(2.) An inspection was conducted in the Licence Branch of the Regional Transport Office during the period 21.8.1995 to 13.9.1995.

(3.) Several misconducts committed by the delinquent officer came to the notice of the authorities. It was found that a forged license was granted to one Narendra Kumar who had met with an accident although at the relevant point of time, he was possessing a valid driving licence. A chargesheet was issued against him. Upon holding a disciplinary proceeding, the enquiry officer submitted a Report on 6.12.1997 stating that the charges against him have been proved. The disciplinary authority directed his removal from service by an Order dated 26.10.1998. Aggrieved by the said Order imposing punishment upon him, he filed an application before the Gujarat Civil Services Tribunal. The said application was allowed holding that misconduct on his part, if any, was committed by him at the request of another clerk; viz. one Dudhrechia. It was further held;