DISTRICT DEVELOPMENT OFFICER JUNAGADH Vs. KANTIBHAI H PARMAR

JUDGEMENT

(1.) The present petition is directed against order dated 24.02.2009 passed by the Gujarat Civil Service Tribunal (hereinafter referred to as the "Tribunal") in Appeal No.144/07 whereby the Tribunal has quashed the order of DDO for imposition of punishment and that of the Development Commissioner in appeal and has remanded the matter to the DDO.

(2.) The short facts of the case appears to be that respondent no.1 was an employee of Junagadh District Panchayat and was working as Malaria Supervisor. As per the petitioner, since certain complaints were received about the various irregularities, the chargesheet was issued and ultimately, the inquiry was held. The respondent no.1 was also placed under suspension. In the said departmental inquiry, on 14.07.2003, the inquiry officer submitted the report and two charges were partly proved and two charges were not proved out of total six charges. As per the petitioner, the inquiry report was sent to the respondent no.1 on 20.04.2005. The same was also served by the postal department to the respondent no.1 on 30.04.2005. The petitioner consulted the Gujarat Panchayat Service Selection Board and ultimately, vide order dated 28.09.2005, the respondent no.1 was dismissed from service. The said order was challenged by the respondent no.1 before the Additional Development Commissioner in Appeal No.75/05 and the said appeal came to be dismissed vide order dated 11.04.2007. The respondent no.1 further carried the matter in appeal before the Tribunal being Appeal No.144/07 and the Tribunal vide order dated 24.02.2009 found that the second showcause notice was not served along with the inquiry report and therefore, as second showcause notice was not served, the impugned order for imposition of punishment was quashed and the matter has been remanded to the DDO, Junagadh. It is under these circumstances, the present petition before this Court.

(3.) I have heard Mr.Munshaw, learned counsel appearing for the petitioner, Mr.Gohel for Mr.Supehia for respondent no.1 and Mr.Jayswal, AGP for the Tribunal.