K.M.PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. Gautam Joshi for learned advocate Mr. Vyom H. Shah for the petitioner, learned Assistant Government Pleader Mr. K.M.Antani for the respondent-State and learned advocate Mr. Vaibhav A Vyas for respondent No.2.

(2.) Issues involved in both the petitions are similar. Therefore, they have been heard together and would be disposed of by this common judgement.

(3.) The petitioner has filed Special Civil Application No. 2087 of 2005 challenging the order dtd. 16/8/2004 by which the petitioner was reverted from the post of Chief Administrative Officer [CAO] to that of Administrative Officer by cancelling the promotion given by the respondent No.2-Gujarat Pollution Control Board ['GPCB' for short] in the year 1996. The petitioner has also challenged letter dtd. 1/11/1999 issued by the Deputy Secretary, Forest and Environment Department of the State for initiating proceedings against the petitioner for reversion from the post of Chief Administrative Officer to Administrative Officer. The petitioner has challenged the order dtd. 13/8/2004 by which, the State Government found that promotion given to the petitioner as Chief Administrative Officer by the respondent No.2-GPCB was not in order as the creation and continuation of the post of Chief Administrative Officer was irregular. The petitioner has also challenged order dtd. 11/9/2004 passed by the GPCB whereby the pay-scale of the petitioner was corrected pursuant to his reversion on the lower post of Administrative Officer w.e.f. 1996.