NATVARBHAI DOSALJI BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed challenging the order dtd. 1/9/2010 (Annexure-A). By the impugned order, pursuant to departmental inquiry against the petitioner, the order came to be passed of deduction of an amount of Rs.1500.00 for the period of 10 years from the pension of the petitioner.

(2.) Learned Advocate for the petitioner has contended that entire inquiry proceedings as well as the impugned order are required to be set aside as the inquiry has proceeded on the ground of the petitioner having given a decision in his capacity as a Quasi Judicial Officer and if there is an error in his decision as a Quasi Judicial Officer, the same cannot be treated to be misconduct.

(3.) Learned Advocate for the petitioner thereafter submitted that there is no charge against the petitioner for any malafide in undertaking the procedure as laid down by law and passing necessary orders in his capacity as City Survey Superintendent nor is there any distant charge of the petitioner having accepted any financial benefits or bribe for the purpose of passing the order. In absence of any such charge, merely passing of order in his quasi judicial capacity, should not be treated as misconduct.