VASANTKUMAR SOMALAL TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. J.A. Adeshra, learned counsel for the petitioner and Mr. Rindani, learned AGP for the respondent authority.

(2.) THE petitioner, while he was working as Executive Engineer, attained the age of superannuation on 31.07.1999 and couple of days prior to his retirement, on 26.07.1999, he was served with a charge-sheet alleging misconduct on his part for the incident of the year 1989 that while the petitioner was working as Deputy Executive Engineer, the official vehicle-jeep, which was parked outside his residence, was stolen during night hours. After the said incident, the petitioner was promoted in the year 1995 from the post of Deputy Executive Engineer to Executive Engineer and as recorded above, couple of days prior to his superannuation retirement, charge-sheet came to be issued. It is this charge-sheet which was challenged by the petitioner by filing the present petition. No interim relief was granted and therefore, the departmental inquiry initiated pursuant to the charge sheet dated 26.7.1999 continued and ultimated culminated in punishment order dated 25.10.2000 by which an amount of Rs.28,017/- was recovered from the gratuity of the petitioner. It is this punishment order which is challenged in this petition by appropriate amendment, which was permitted by this Court at the relevant time. Thus, it is the charge-sheet dated 26.07.1999 and the final punishment order dated 25.10.2000, which is the subject matter of this petition.

(3.) ON the other hand, learned Assistant Government Pleader Mr. Rindani, by referring to the affidavit in reply which is on record, vehemently opposed this petition and contended that in totality, the stand of the Government is that atleast there was negligence on the part of the petitioner and as per the settled position of law, in the matters of disciplinary proceedings, the scope of judicial review is very limited and this Court may not interfere with the same.