LAWS(GJH)-2010-6-16

TUSHAR JAYANTILAL BRAHMBHATT Vs. STATE OF GUJARAT

Decided On June 14, 2010
TUSHAR JAYANTILAL BRAHMBHATT Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following reliefs:-

(2.) The short facts of the case are that the petitioner was serving as a Sub-Inspector with the respondent no. 2. Corporation since 20.05.1989. Somewhere in the year 1999-2000, a departmental inquiry was initiated against the petitioner on the ground that the petitioner along with two other senior officers had forged few signatures and had approved plans of certain buildings illegally. After completion of the departmental inquiry and since the charges levelled against the petitioner were found to be proved, respondent no. 2-Corporation vide order dated 19.03.2002 removed the petitioner from service.

(3.) Mr. Thakkar, learned counsel for the petitioner has submitted that the punishment of removal from service imposed by the disciplinary authority is modified to the extent of deduction of two increments from the basic pay with permanent effect by the Standing Committee of the respondent Corporation is unjust and improper. He has submitted that looking to the allegations levelled against the petitioner, the respondent-Corporation ought not to have imposed punishment of deduction of two increments from the basic pay with permanent effect on the petitioner and ought to have directly ordered reinstatement of the petitioner in service without imposing any other penalty.