NIRMALSINH JATUBHA ZALA Vs. CHIEF OFFICER

JUDGEMENT

(1.) THE petitioner was engaged as a temporary driver by respondent no.1 Jam Khambhalia Nagarpalika in the year 1995. He continued in such position as per requirement of the Corporation right upto May 2001. it appears that on 5.5.2001, the petitioner had taken the vehicle of the Corporation for his private use where he had a tiff with the elected member of the Corporation Chandubha Vadel. This led petitioner to file a police complaint containing allegations that said Chadubha assaulted him in drunken condition. In retaliation, Chandubha filed written complaint dated 8.5.2001 before the Chief Officer of the Nagarpalika stating that late at night on 5.5.2001, petitioner was found in official vehicle of the Corporation driving rashly and carrying one lady in the vehicle.

(2.) SHOW cause notice was therefore, issued to the petitioner on 8.5.2001 itself. The petitioner had replied to the same vide his representation dated 11.5.2001 stating that on that date his wife had suddenly taken ill, complaining of chest pain. He had no other means of transport to take her to the hospital. He therefore, out of compulsion used the Corporation's vehicle. He also produced certificate of Doctor to support his version. He apologised for his lapse and requested for a lenient view to be taken. He offered to pay for fuel used for said purpose. Despite such a stand, Corporation proceeded to terminate his service. He therefore, approached this Court by filing the present petition.

(3.) CONSIDERING the submissions made and facts on record, I am of the opinion that Corporation imposed punishment which was excessive. It was the first lapse on part of the petitioner. In any case, he had shown sufficient excuse for the same. A more sympathetic view could have been easily taken.