CHEDILAL RATRE Vs. STATE AND ORS

JUDGEMENT

(1.) Heard.

(2.) While the petitioner was working as Co-operative Inspector, a charge-sheet containing as many as 13 charges was issued to the petitioner by the disciplinary authority on 30.09.1991. The petitioner submitted his reply to the charge-sheet. The disciplinary authority, however, not satisfied with the same, appointed enquiry officer. Thereafter, the enquiry officer held the enquiry and after recording oral evidence of the parties and collecting other material documentary evidence, prepared enquiry report holding all the charges proved against the petitioner. Thereafter, the copy of enquiry report was also indisputably supplied to the petitioner. The petitioner gave his reply and written submission on the enquiry report. However, vide order dated 30.04.1996, Commissioner Cooperative Society held the charges proved against the petitioner, concurring with the enquiry report and imposed penalty of reduction from the post of Co-operative Inspector to that of Sub-Auditor and also passed an order that the petitioner shall be placed on the lower stage of pay on the post of Sub-Auditor. Aggrieved by the order, the petitioner preferred an appeal before the State Government. Vide impugned order dated 03.02.1997, the State Government partly allowed the appeal. While affirming order of reversion from the post of Cooperative Inspector to Sub-Auditor, reduction to the lower stage of pay was set aside, giving rise to this petition.

(3.) Assailing correctness and validity of the proceedings and the penalty order as also the order passed by the Appellate Authority, learned counsel for the petitioner made following submissions :