BHAGABHAI RUPABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the order dated 26.09.1995, passed by respondent no. 1, whereby the petitioner has been ordered to be compulsorily retired from the service.

(2.) The facts in brief are that the petitioner was serving as a Medical Officer at Gothid Primary Health Centre, Taluka Santrampur, District Panchmahals. He remained absent unauthorizedly for the period from 06.11.1984 to 09.11.1984. The departmental enquiry was initiated by the disciplinary authority by issuing charge sheet containing the allegation of unauthorized absence and an inquiry officer was appointed to enquire into the charges alleged. The petitioner submitted his reply to the said charge sheet vide its reply dated 03.01.1989.

(3.) Mr. Bhatt, learned counsel for the petitioner contended that the punishment imposed is disproportionate to the allegations levelled against him. In support of his say, he has placed reliance upon the decision of the Hon'ble Apex Court in the case of Bhagwan Lal Arya V/s. Commissioner of Police, Delhi & Anr., 2004 AIR(SC) 2131 more particularly para 11 and 14, which read as under :-