CHANDRAKANT MADHAVJI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the appellant being aggrieved by the order dated 10.8.1999 passed by learned Single Judge of this Court in Special Civil Application No. 4641 of 1987 whereby the petition filed by the appellant is dismissed.

(2.) The case of the appellant is that he joined Government service as an Overseer in the year 1956. He was promoted as Deputy Executive Engineer by order dated 28.12.1978. While serving as Deputy Executive Engineer, the appellant received adverse remarks, details of which have been given in paragraph No. 4 of the petition filed by the appellant. Against such adverse remarks, he made representations. In relation to certain adverse remarks, his representations were rejected and in relation to some adverse remarks, his representations were accepted. Thus, total of the story of adverse remarks is that there remained certain adverse entries against the appellant in the form of adverse Confidential Report. The appellant was also chargesheeted for certain incidents and those chargesheets culminated into inquiries. While the appellant was serving, an order came to be passed on 28.4.1987 retiring the appellant compulsorily. The order of retiring the appellant is reproduced hereinbelow: <FRM>JUDGEMENT_108_TLGJ0_2010Html1.htm</FRM> Under Secretary to the Government of Gujarat Narmada Development Department.

(3.) The aforesaid order was challenged before this Court. Learned Single Judge of this Court has found that merely because there were enquiries pending against the appellant at the time when the order of compulsorily retiring the appellant was passed, it cannot be said that the order was penal in nature. He further held that in four different inquiries, the appellant has been punished.