P M PATHAK Vs. COLLECTOR

JUDGEMENT

(1.) These two petitions are filed by two different petitioners against the common judgement and order passed by the Gujarat Civil Services Tribunal on 22nd March, 1991 in Appeal Nos. 524/1989 and 586/1989, whereby the appeals filed by the present petitioners were dismissed. The tribunal has enhanced the punishment from stoppage of one increment without future effect to stoppage of two increments of both the petitioners with future effect.

(2.) Since the common issue is involved in both the petitions and since the order under challenge is common, both these petitions are being disposed of by this common judgement.

(3.) It is the case of the petitioners that the disciplinary authority i.e. respondent No.1 has passed an order dated 2-9-1989 imposing penalty of stoppage of one increment of the petitioners without future effect. The petitioners have challenged the said order before the Gujarat Civil Services Tribunal under the provisions of Section 11 of the Gujarat Civil Services Tribunal Act (hereinafter referred to as "the Act") raising several questions of law as well as fact in the said appeal and have also challenged the legality and validity of the order imposing penalty of stoppage of one increment without future effect.