PARSHOTTAMBHAI LALJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. With the consent of the learned advocates for the parties, matter is taken up for final hearing. Heard Mr. Asthavadi, learned advocate appearing for the petitioner and Ms. Surbhi Bhati, learned AGP for the State.

(2.) The short question for consideration of this court is whether the order imposing penalty of 100% cut in pension dtd. 10/12/2019 in case of the petitioner is in consonance with the principles laid down by the resolution of the Government dtd. 5/8/2003 read with resolution of the General Administration Department dtd. 18/3/1986.

(3.) The facts in brief would indicate that the petitioner was working as a Surveyor with the respondent department since 1973. A criminal case being C.R. No. 5 of 2004 was lodged on 17/3/2004 at the ACB Police Station, Surat. It was subsequently transferred and numbered as Special ACB Case No. 21 of 2004. By a judgement and order dtd. 5/12/2004, the petitioner was convicted under Ss. 7 , 13(1)(c) and 13(2) of the Prevention of Corruption Act, 1988. The case of the department is that the petitioner was convicted for having accepted a bribe of Rs.2500.00 and was caught red-handed.