DISTRICT DEVELOPMENT OFFICER Vs. J S PRAJAPATI

JUDGEMENT

(1.) The present petition is filed by the District Development Officer, Vadodara, being aggrieved of the judgement and order passed by the Gujarat Civil Service Tribunal, Gandhinagar ("the Tribunal" for brevity) in Appeal No.45 of 1997/ 2277, whereby the Tribunal allowed the appeal and orders dated 16.2.1994 and 20.11.1996 passed by respondents nos.1 and 2 respectively were set aside. By this impugned order dated 16.2.1994, Annexure 'C' to the petition, the respondent, employee was imposed penalty of reversion to the lowest stage of the pay scale for a period of five years, without future effect. Against that the respondent had filed an appeal before the appellate authority and the said appeal was rejected. By an order dated 20.11.1996, the penalty imposed by the disciplinary authority was confirmed.

(2.) Mr.Munshaw, learned advocate for the petitioner submitted that the Tribunal has passed the impugned order of allowing the appeal without recording any reasons. Mr.Munshaw invited attention of this Court to para 6 of the impugned judgement of the Tribunal, as in preceding five paras, the Tribunal has narrated the facts of the case. Para 6 reads as under:

(3.) The reasons for which the appeal is required to be allowed are not mentioned. Mr.Munshaw, the learned advocate for the petitioner submitted that the judgement of the Tribunal is no judgement in true spirit of the term and therefore, same is required to be quashed and set aside.