DOSHI INDRAVADAN BHAILALBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner's case has a chequered history of multiple litigations.

(2.) The petitioner came to be appointed as an Octroi Clerk in the year 1965 by Karjan Nagarpalika. However, he came to be served with a charge sheet on 31.1.1973, alleging serious irregularities, temporary misappropriation and misappropriation of various amounts. A departmental inquiry was initiated against the petitioner and was proceeded against him. His services came to be terminated with effect from 24.7.1973 by a resolution dated 26.7.1973. The said decision was challenged by the petitioner by way of an appeal before the District Development Officer, which came to be dismissed by an order dated 23.1.1974.

(3.) The petitioner approached this Court with Special Civil Application No. 1494/1976 on the ground that though the matter was remanded to the District Development Officer, the petitioner was not reinstated. The Court observed that the petitioner is entitled to continue in service with all consequential benefits flowing therefrom. Thereafter a show-cause notice was served on the petitioner on 11.6.1976. Further proceedings were initiated and a resolution was passed on 26.11.1976 to terminate the services of the petitioner. The said decision came to be challenged. The petitioner preferred an appeal and a revision and thereafter approached this Court with a petition being Special Civil Application No. 3188/1990, which came to be disposed of by holding that the impugned decision can be challenged before the Service Tribunal. Since the petitioner was not served with any inquiry report, he felt that he had reason to believe that the respondents had dropped the idea of proceeding against him departmentally initiated in the year 1973. The petitioner preferred a writ petition before this Court and prayed that since the department inquiry was already dropped by the respondent-authorities and since nothing further was done for a long time, the respondent-authorities be directed to make payment of difference of salary and all other consequential benefits to the petitioner. The petitioner was under suspension from 1977 and was being paid Rs. 251/- per month by way of subsistence allowance. According to the petitioner, the respondent-authorities passed an order on 18.12.1997 and since the charges levelled against the petitioner were not proved, the order of dismissal was set aside and the petitioner was ordered to be reinstated with all consequential benefits. Pursuant to the said order, the petitioner resumed his duties on 1.1.1998.