STATE OF GUJARAT Vs. RAVJIBHAI CHHAGANBHAI SIDHPARA

JUDGEMENT

(1.) For the purposes of this judgment, facts of Special Civil Application No.1542 of 2019 will be considered.

(2.) State of Gujarat is in appeal against the order of the Gujarat Civil Services Tribunal, Gandhinagar, dtd. 13/3/2018, by which, the Tribunal has modified the order of compulsory retirement inflicted on the respondent on 1/6/2015 to that of three increments with future effect.

(3.) Facts in brief would indicate that the respondent no.1 was working as a clerk in the office of the Mamlatdar on being declared surplus, he was reappointed as a clerk with the Government Polytechnic at Porbandar. He was thereafter promoted as a senior clerk on 21/11/1995. On 23/7/2002, the petitioner was transferred to the Government Engineering College, Bhuj. For having remained absent for a period of 528 days without permission, for the period from 1/9/2003 to 10/2/2005, the petitioner was inflicted with the penalty of stoppage of two increments with future effect by an order dtd. 10/9/2007. It appears that thereafter, for leave for the period from 22/5/2009 to 8/6/2010, departmental proceedings were initiated against the petitioner by issuing a notice on 21/5/2010. A departmental proceedings were held and by an order dtd. 1/6/2015, the order of compulsory retirement was passed. That was a subject matter of challenge in appeal before the Tribunal which by the impugned order reduced the penalty as aforesaid.