KANTABEN R PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner challenges the order dated 7.9.2000 (Annexure-A) holding him guilty of three charges in departmental proceedings and punishment of stoppage of three increments without future effect imposed by the Deputy Secretary, Revenue Department.

(2.) The facts of the case, in brief, are that the petitioner was working as a District Inspector of Land Records, Palanpur in the year 1995 when he relieved one Mr SS Patel working under him pursuant to an order passed by the Superintendent of Land Records (Annexure-B) dated 14.5.1995 despite the fact that the petitioner was aware that Mr SS Patel was assigned with election duty on the day on which he was relieved. Apart from this charge, two other charges were levelled against him, namely, that the petitioner supported his superior officer who had passed the transfer order and, on the other hand, made an application to the State Election Commission where he suppressed the fact of implementation of order by himself and the third charge was of having made serious allegations of corruption in transfer orders.

(3.) All the three charges were held to have been proved and after hearing the petitioner punishment of stoppage of two increments without future effect came to be imposed. The petitioner has not challenged the inquiry proceedings on account of any procedural lapse. The explanation which is tendered by the petitioner is that while relieving Mr SS Patel there was no ill-intention on the part of the petitioner and that he was only implementing the order of his superior. Even if it is accepted, it only explains his action so far as the first charge is concerned. So far as the second and third charges are concerned, no specific explanation or defence is put forward on behalf of the petitioner.