RAMANBHAI B DALWADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, who was at the relevant time working as Executive Engineer (Civil) has challenged the order passed by respondent State under section 161 of the Bombay Civil Services Rules 1950 compulsorily retiring him by an order dated 8.3.1987, vide Annexure 'A'.

(2.) The petitioner was paid three months' notice pay and allowance in view of the notice period as laid down under clause (aa)(i) of Rules 161 of the Bombay Civil Service Rules 1959 (hereinafter referred to as the Rules). The petitioner has contended that after graduation, he joined as Overseer in the year 1957. He was promoted as Deputy Engineer on 24th October 1962 and thereafter as Executive Engineer on 27th July 1978. It is further contended by the petitioner that during his tenure as Executive Engineer, the petitioner was posted as Deputy Secretary w.e.f. 18.6.1984 and he has worked in that capacity upto 5th July 1985. The petitioner was thereafter posted as Executive Engineer in Unit E, Narmada Dam Design Project Circle, Baroda. It is contended by the petitioner that his overall service record is satisfactory and excellent. He was considered always as an efficient officer. He has contended that because of strained relations with one L.L. Contractor, Superintending Engineer, an attempt was made to spoil his service record. According to the petitioner, none of the adverse remarks communicated to him can be said to be of a nature which would call for invocation of rule 161. The said L.L. Contractor, who, according to the petitioner, has tried to spoil his service record, is not joined as party.

(3.) In return, Under Secretary to the Government of Gujarat, Narmada Development Department, has filed an affidavit and he has justified the action taken by the State Government.