SATISH S VARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present petition filed under Articles 14, 19, 226 and 227 of the Constitution of India, the petitioner has prayed to issue writ of certiorari or writ of mandamus or any other appropriate writ, order or directions by quashing the order dated 18.01.2002 passed by respondent No. 1 Director, Employment and Training, Sachivalay, Gandhinagar, State of Gujarat, by which the petitioner has been penalized under the provisions of Gujarat State Civil Services (Discipline and Appeal) Rules, 1971 (herein after referred to as 'the Discipline and Appeal Rules') for having committed the breach of Rule 3(1) of the Gujarat Civil Service (Conduct) Rules, 1971 (herein after referred to as 'the Conduct Rules'), by which, major penalty in the nature of reversion and degradation of his pay scale to the basic pay scale has been imposed for a period of five years with future effect. The petitioner has also challenged the judgement and order dated 25.09.2004 passed by the learned Gujarat Civil Services Tribunal, Gandhinagar in appeal No. 46 of 2002, by which, the appeal filed by the present petitioner challenging the said decision is dismissed.

(2.) BRIEF facts arise from the record are as under:

(3.) THOUGH , the respondent is served, no affidavitinreply has been filed by the State of Gujarat. However, Mr. Rahul Dave, learned AGP appearing on behalf of the respondent State has kept the files of inquiry proceedings and other related documents ready for perusal of the Court.