G H CHAKRAVERTY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. I.S.Supehia for the petitioner and learned AGP Mr. N.D.Gohil appearing on behalf of the respondent.

(2.) Learned advocate Mr. I.S.Supehia appearing on behalf of the petitioner has submitted that the present petitioner is already retired from service on 30.4.1998 and, in the present petition the punishment order passed by the respondent dated 15.12.1998 is challenged wherein from the pension of the petitioner Rs.100 cut with permanent effect has been ordered by the respondent being a punishment to the petitioner, meaning thereby that from pension which has been received by the petitioner in each month Rs.100 cut remained continued till the petitioner is entitled to receive the pension according to the pension rules. Learned advocate Mr. Supehia has raised contention that in response to the show-cause notice with finding of the inquiry officer dated 7.11.1998 was received by the petitioner and the petitioner had submitted detailed reply on 12.9.1998. The said reply was not considered by the respondent authority while imposing the punishment against the petitioner. He submitted that the respondent authority has neither accepted the reply nor any reasons have been given as to why the reply given by the petitioner is not accepted. There is even no discussion in the order which amounts to non-application of mind and, therefore, according to him, on that ground alone the punishment order is required to be set aside.

(3.) The affidavit-in-reply has been filed by the respondent. In respect to the date of charge sheet, inquiry and the opportunity which has been given to the petitioner, necessary averments have been made in the reply, but, while not accepting the reply from the petitioner, no averments or reasons have been made in the reply. A bare perusal of the order itself suggest that no reasons have been given by the respondent authority while not accepting the reply from the petitioner and the punishment order has been passed against the petitioner.