B P VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order of punishment dated 21.04.1994, whereby, an amount of Rs.100/- per month was ordered to be deducted from the pension of the petitioner for a period of five years.

(2.) The facts in brief are that the petitioner was working as an Executive Engineer with the respondent-Department at Radhanpur and during the period from 07.10.1981 to 16.11.1981 he was given the additional charge of Mehsana District. In connection with the installation of sub-standard pipes in a project, the petitioner was served with a charge-sheet dated 14.02.1990. The petitioner gave his reply to the same. Pursuant thereto, departmental inquiry was ordered to be initiated against the petitioner. Ultimately, vide impugned order dated 21.04.1994, the disciplinary authority imposed the penalty in question on the petitioner. Hence, this petition.

(3.) Mr. M.K. Patel, learned counsel for the petitioner, has submitted that the alleged incident in connection with which a charge-sheet was served upon the petitioner had taken place around nine years back. He has submitted that such a delayed action taken after a lapse of almost nine years cannot be sustained in the eyes of law.