GOVINDBHAI NARSHIBHAI MEKWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents.

(2.) At the outset, learned advocate for the petitioner has submitted that the impugned order dated 02.12.2019 suffers from an illegality since the reply dated 24.04.2019 to the show cause notice, which was issued to the petitioner on 09.04.2019, is not considered while passing the impugned order. He has submitted that the petitioner was serving as a Gujarati Typist in the respondent department and after rendering 34 years of service, he retired from the post of Mines Supervisor on reaching superannuation on 31.01.1999. It is submitted that the petitioner was embroiled in a corruption case and by the judgement and order dated 07.03.2018 passed by the Special Judge (ACB), Rajkot, the petitioner was convicted for the offence punishable under the provision of Prevention of Corruption Act, 1988 (the Corruption Act). It is submitted that the appeal against the said conviction is still pending before this Court. He has submitted that after his conviction, the respondent authorities issued a show-cause notice dated 09.04.2019 proposing 100% cut in pension, which was contested by the petitioner by filing a reply on 24.04.2019. It is submitted that by the impugned order dated 02.12.2019, the punishment of 100% cut in pension has been imposed upon the petitioner, which is under challenge.

(3.) Learned Assistant Government Pleader appearing on behalf of the respondent has submitted that the impugned order may not be disturbed, as the same is premised on the conviction of the petitioner in the corruption case.