STATE OF GUJARAT Vs. N.P. SURATI

JUDGEMENT

(1.) By way of present appeal under Clause 15 of the Letters Patent, the State of Gujarat has challenged an oral judgment dtd. 13/2/2017 passed by the learned Single Judge in Special Civil Application No.9639 of 2004 by which the learned Single Judge while dealing with the proportionality of punishment has imposed penalty of reduction in pay for a period of two years without any future effect. Hence, present appeal.

(2.) Learned AGP Mr. Tirthraj Pandya appearing for the appellant - State of Gujarat would submit that the learned Single Judge has committed an error in modifying the order impugned which was challenged by the respondent herein - original petitioner considering the allegations leveled against the present respondent - employee. He, therefore, would submit that the appeal be accordingly allowed.

(3.) On the other hand, learned advocate Mr. S.P. Hasurkar appearing for the respondent herein - original petitioner - employee has opposed the present appeal and would submit that considering the nature of allegations leveled against the employee and the fact that there was some procedural lapse on the part of the appellant, learned Single Judge has imposed appropriate punishment and therefore, no interference is called for by this Court. He has therefore requested to dismiss the present appeal.