CHATURBHAI H. DHALWANIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present writ petition, the petitioner has sought a direction for quashing and setting aside the impugned order dtd. 2/1/2013 passed by the respondent No.4 as well as the inquiry report dtd. 18/1/2011. By the impugned order dtd. 2/1/2013, the petitioner has been imposed penalty of stoppage of two increments with future effect. It is not disputed that the aforesaid penalty falls within the "major penalty" as specified in the Gujarat Panchayat Service (Discipline and Appeal) Rules, 1967.

(2.) Learned advocate Mr.Nishit P. Gandhi appearing for the petitioner, at the outset, has submitted that the impugned order is required to be quashed and set aside on the ground of delay in initiation and completion of the departmental proceedings, since despite the directions issued by this Court in the order dtd. 19/2/2002 passed in Special Civil Application No.10934 of 2001 directing the respondent to complete the departmental proceedings preferably within a period of six months, the inquiry was prolonged for almost 10 years. In support of his submissions, he has placed reliance on the decision of this Court in the case of Kiritbhai Shankar Patel vs. State of Gujarat, 2019 (2) GLR 1079.

(3.) In response to the aforesaid submissions, learned advocate appearing for the respondent Panchayat has submitted that in fact the entire inquiry has been held in accordance with law, after giving ample opportunity to the petitioner and hence, the impugned order may not be set aside. He has submitted that the petitioner was always informed about the next date of hearing by the inquiry officer and when it was found that the petitioner was responsible for the misconduct, as alleged in the charge-sheet, the impugned order imposing the penalty of stoppage of two increments with future effect was passed. Thus, he has submitted that the impugned order may not be set aside.