VB KACHOT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is working as a Junior Clerk with the Sales Tax Department in Junagadh District. He came to be visited with a charge-sheet containing mainly three charges. The first charge is that when he handed over charge of his office to Mr Dekivadia on 8.4.1994, neither did he hand over the issue register of legal forms nor did he inform about the same to his superiors nor did he make any note thereof. The second charge is that the petitioner handed over less number of books of the legal forms to Mr Dekivadia and the third charge is that some of the books, which were not handed over while handing over the charge of the petitioner to Mr Dekivadia, were found by the Collector, Junagadh when he raided/inspected the place of M/s.Umiya Industries, Vanthali, M/s. Shreenathji Industries, Shapur and M/s. Captain Enterprise Ltd. at Junagadh.

(2.) An inquiry was conducted and Inquiry Officer in his report dated 31.5.1999 held that the charges levelled against the petitioner as well as co-delinquent Mr C.L. Jivrajani, Sales Tax Officer, Class-II were not proved. Thereupon, by note dated 1.6.1999, Deputy Secretary, Finance Department, made a note differing from the Inquiry Officer's report, which came to be communicated to the petitioner by communication dated 11.4.2000 calling upon his explanation within 15 days. The petitioner addressed a suitable reply on 24.4.2000, whereupon, an order was passed on 5.11.2001 (Annexure-A) rejecting the defence advanced by the petitioner and holding him guilty of the charges of misconduct levelled against him and reducing him to the lowest pay in the scale for a period of ten years with future effect, further clarifying that during the period of punishment the petitioner shall not draw any increment. The petitioner has, therefore, approached this Court with this petition making the following prayers :-

(3.) Heard learned advocate Ms Pahwa for the petitioner and learned AGP Mr Pathak for the respondents.