VALJIBHAI MITHABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.R.D.Kinariwala learned advocate for the petitioner.

(2.) By way of this petition under Article 226 of the Constitution of India, the challenge is to the letter dtd. 3/2/2021 issued by the respondent no.3 herein for recovery of an amount of Rs.2,11,765.74 from the petitioner for the period from 23/11/2005 to 17/5/2013.

(3.) Facts in brief would indicate that the petitioner was engaged as a helper with the respondent nos.2 and 3 electricity company. Since a complaint being C.R. No.I-7 of 2005 against the present petitioner came to be lodged before the ACB Police Station, Amreli, under Ss. 7 , 15 and 13(2) of Prevention of Corruption Act, the petitioner was suspended and transferred on 23/12/2005. The Special (ACB) Case No.8 of 2006 was heard by the learned Special Judge, Amreli, and vide judgment and order dtd. 25/4/2016, the petitioner was acquitted on being given the benefit of doubt. The State went in appeal and the appeal of the State was dismissed by a judgment dtd. 6/10/2016. On the basis of the judgments of the Criminal Court, the respondent- company on 28/12/2018 passed an order regularizing the period of suspension of the petitioner, however, without actual financial benefits in accordance with the Regulation 241(2) of the service regulations of the company. It appears that thereafter on 1/1/2019, the company modifying the order and amending the order of 20/12/2018, inasmuch as, the earlier order which did not grant actual financial benefit was modified to read as extending actual financial benefit of regularization of suspension.