S N SINHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, challenge is made to the order of the respondent dated 16.02.2002, asking the petitioner to deposit an amount of Rs. 1,39,212/- back to the Government exchequer, which the petitioner has drawn in excess of his entitlement, which pertains to the period when the petitioner held the post of the President of the Gujarat Civil Services Tribunal. The petitioner has appeared in person. It is the case of the petitioner that the impugned order is in gross violation of principle of natural justice, it is in conflict with the provisions contained in Rule 57A of the Bombay Civil Services Rules, 1959 and is also against the settled position of law and therefore the same may be quashed and set aside. The petitioner has also relied on the following decisions in support of his case.

(2.) This petition is contested by the authorities by filing affidavit-in-reply dated 12.08.2002, the thrust of which is that the action of the authorities is legal and the petitioner is not entitled to any relief.

(3.) Having heard the petitioner, who is also a practising advocate in this Court, and having gone through the record, the following facts emerge.