B. D. PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed by the petitioner for raising grievance about the decision dated 22.11.2006 passed by the respondent authority and consequentially sought direction upon the respondent authority to grant all increments to the petitioner for the period of suspension commencing from 12.08.1983 to 18.01.1995, except the one which is withheld by way of penalty. Since large relief is sought, the Court deems it proper to quote the relief clause contained in para 20 hereinafter:-

(2.) This petition was originally heard by the Court on 19.01.2007 and pursuant to the notices having been issued, when in past, the petition came up for consideration, the co ordinate Bench i.e. the learned Single Judge (Coram: H.K. Rathod, J) was pleased to pass the order listing the matter for final disposal after passing a detailed order, but at this stage it would be appropriate to mention that the learned counsel appearing for the petitioner was pleased to drop the relief with regard to claim of seniority mentioned in para 20(B) with a liberty to file a separate proceedings and as such, the present petition is now centering around the substantial relief as contained in para 20(A) related to release of increments.

(3.) The case of the petitioner is that he was originally appointed as 'Punch Operator' on 25.03.1980 and on account of abolition of post, the petitioner was absorbed as a Clerk under respondent no. 3 where he was serving. On account of alleged misconduct, the petitioner was placed under suspension, vide order dated 12.08.1983, in contemplation of departmental inquiry, but later the departmental inquiry has been held and by virtue of order dated 26.12.1994, wherein three increments with future effect was passed against the petitioner. Feeling aggrieved by the said decision about stoppage of three increments with future effect, the said order dated 26.12.1994 came to be challenged by the petitioner before the Gujarat Civil Services, Tribunal Gandhinagar by way of appeal and the same was registered as Appeal No. 258 of 1995, wherein, the learned Presiding Officer of the Gujarat Civil Services Tribunal was pleased to pass the order in appeal on 08.07.1999, reducing the penalty to the extent of one increment only without future effect. The said decision delivered by the Tribunal came to be challenged by way of Special Civil Application No. 4674 of 2003, which came to be dismissed vide order dated 16.04.2003. The record indicates that against the said decision, Letters Patent Appeal No. 810 of 2003 was filed, which came to be dismissed on 18.08.2003 by the Division Bench of this Court. So the penalty of withholding of one increment without future effect, according to the petitioner became final.