SURYABA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by widow of the Government Employee namely Gulabsinh Devda, who was working as Head Constable with the Police Department.

(2.) This petition under Article-226 of the Constitution of India is filed seeking direction to quash and set aside the orders at Annexure-A, which is the order of inflicting punishment upon the husband of the petitioner for the misconduct. Punishment inflicted on the husband of the petitioner by the impugned order dated 24 th January, 2014 is two fold; firstly under Rule-24 of the Gujarat Civil Services (Pension) Rules, an amount of Rs.2,000.00 was ordered to be deducted for the period of five years from the pension of husband of the petitioner and other part of the order is to treat the period during which the petitioner was under suspension being 8/9/1986 to 16/2/1999 to be treated as period of suspension.

(3.) At the outset, learned Advocate for the petitioner submitted that in so far as the first part of the punishment of deduction from pension, the petitioner is not challenging. However, second part of treating the period during which the husband of the petitioner was suspended as suspension period, the same is illegal in view of the Circular of the Government.