ABDULKARIM M MANSURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed challenging the order dated 19.7.1993 dismissing the petitioner from service. The facts of the case are that the petitioner who was working as Section Officer, in the year 1988 was issued charge sheet dated 18.4.1988, a copy of which is produced at Annexure 'B' alleging that, a condition was added by the petitioner in order dated 21.11.87. Without there being any representation either from the contractor-- Shri 'Dilip Roadways' or the Collector, aforesaid order dated 21.11.1987 bearing no.1683/ 6821/ S.5, was issued wherein a condition was interpolated to the effect that, "Kilometers to and fro journey will be taken into account". As the Collector, Jamnagar brought this fact to the notice of the Government, the entire chapter came to light. The defence of the petitioner was that order dated 21.11.1987 was passed under the instructions of the Financial Adviser. But then the said defence was not found to be supported by the record. The circumstances which made the defence unbelievable wee:

(2.) The petitioner then demanded a copy of the said file and put forward a defence that the order dated 21.11.1987 was issued under the instructions and consent of the Financial Adviser. As the said file was not traceable it could not be supplied.

(3.) Mr.Yagnik, the learned advocate appearing for the petitioner submitted that earlier the petitioner had approached this Court by filing a petition being Special Civil Application No.5545 of 1993 as he apprehended dismissal pursuant to show cause notice dated 21.1.1992. Said show cause notice was served to the petitioner along with the inquiry report, to which the petitioner had filed his written submissions on 21.9.1992. The petition was disposed of by this Court by an order as under: