H J MUNIYA Vs. CIVIL JUDGE J D

JUDGEMENT

(1.) THE petitioner has filed Civil Revision Application under Section 115 of the Civil Procedure Code praying for quashing and setting aside the order passed by the learned Civil Judge (JD), Zalod on 28.4.2003 below application Exh.286 in Regular Civil Suit No.60 of 1993. THE petitioner has also prayed for quashing and setting aside the order passed by the respondent No.2 on 7.5.2003 stopping two increments without future effect holding therein that the petitioner has failed to discharge his duty carefully and efficiently. THE petitioner has prayed for an interim relief against execution, implementation and enforcement of the impugned orders dated 28.4.2003 as well as 7.5.2003.

(2.) INITIALLY, the petitioner had filed Special Civil Application No.8263 of 2003, which was thereafter converted into Civil Revision Application. During the pendency of this Civil Revision Application, respondent No.3 expired and his legal heirs are brought on record. Respondent No.1 being the Judicial Officer and whose order is under challenge, was not required to be joined as party respondent and hence by an order of this Court, his name was deleted.

(3.) LEARNED Civil Judge has also directed the Collector and District Development Officer to initiate departmental action against the petitioner. Pursuant to the said order, the District Development Officer has issued show cause notice dated 22.4.2003 under the provisions of Gujarat Panchayat Services (Discipline and Appeal) Rules, 2003, whereby the petitioner tendered his explanation through Taluka Development Officer of Zalod on 30.4.2003. The respondent No.3 vide his order dated 7.5.2003 observed that there was total dereliction of duty on the part of the petitioner and stopped two increments without future effect.