KALUSINH GAMALSINH Vs. DEPUTY SECRETARY HOME DEPARTMENT

JUDGEMENT

(1.) Rule. Mr. D. N. Patel, learned A.G.P. appearing for the respondent-State waives service of rule on behalf of the respondent-State. With the consent of the learned Advocates of parties the matter is finally heard today.

(2.) By this petition under Art. 226 of the Constitution of India, the petitioner has challenged the order passed by the Deputy Secretary, Home Department, State of Gujarat, dated 2/06/1991 whereby in exercise of the powers conferred upon the Government under Rule 189(B) of the Bombay Civil Service Rules, he has ordered that an amount of Rs. 75.00per month shall be deducted from the pension payable to the petitioner for a period of five years and he has further directed that such penalty shall be implemented from the date of the order. It is this order which is under challenge in the present petition.

(3.) Mr. Thakkar. learned Advocate appearing for the petitioner has strenuously urged bsfore this Court that the impugned order passed by the authority is not legal and valid inasmuch as there was no evidence to bring home the charge levelled against the petitioner-delinquent. He has also submitted that the findings reached by the authority are absolutely untenable in law and are not supported by any evidence on record. Lastly, he has urged that even if the charge is held to have been proved against the petitioner-delinquent penalty of deducting an amount of Rs. 75.00 p.m. from the meagre amount of petitioner's pension which the delinquent would receive after retirement would be too harsh and unreasonable and therefore, the impugned order is required to be quashed and set aside.