(1.) This petition, under Article 226 of the Constitution of India, challenges the penalty order dtd. 15/4/2021 by which the petitioner has been imposed a penalty of reprimand.
(2.) Facts in brief would indicate that the petitioner was issued a charge-sheet on 1/9/2020. According to the charge-sheet, while the petitioner was working as Police Inspector, Special Operations Group and In-charge of the Local Crime Branch, Bhavnagar, the Monitoring Cell of the State had intercepted and apprehended a container containing Indian Made Foreign Liquor (IMFL) worth Rs.24,60,900.00. The container was apprehend on the basis of a secret information. An FIR was lodged with the Ghogha Police Station as Prohibition C.R. No. III - 247 of 2019 for commission of offences punishable under Ss. 65(a)(e), 81, 83, 98(2), 116(b) of the Gujarat Prohibition Act.
(3.) The case of the department was that though the petitioner was present in the district of Bhavnagar he failed to obtain information and detect the offence. That was taken to be gross negligence on the part of the petitioner towards implementing the policy of prohibition. On receipt of charge-sheet, the petitioner submitted his defence on 18/9/2020. A departmental inquiry was initiated and on the basis of the evidence before the departmental inquiry, the Inquiry Officer submitted his report, a copy of which was furnished to the petitioner along with the show-cause notice dtd. 26/3/2021 asking the petitioner to show cause as to why based on the Inquiry Officer's report a penalty of stoppage of one increment without future effect be not imposed. The Inquiry Officer held the charges as partly proved. The petitioner filed response to the show-cause notice on 31/3/2021. Based on the response filed by the petitioner the impugned order of penalty imposing punishment of reprimand was imposed on the petitioner. On an appeal being filed the same was returned on the ground that against the order of reprimand there is no provision of appeal. Aggrieved by the order therefore the present petition is preferred.