RAMJAYSINH PARASNATHSINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Articles 14, 16 and 26 of the Constitution of India has been filed by the petitioner Ramjaysinh Parasnathsinh challenging the order of dismissal dated 6.9.1986 which was confirmed by the appellate and revisional authorities. The said petitioner has expired on 25/2/2006. Vide order dated 31.7.2006 passed in Civil Application for bringing legal heirs being No. 8234 of 2006 his legal heir Santoshben, widow of Ramjaysinh Parasnathsinh was brought on record.

(2.) The facts of the case in brief are as under:

(3.) Learned AGP Mr Rakesh Patel submitted that while proceeding with the departmental enquiry, the procedure prescribed in the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 (hereinafter referred to as the Rules) was taken into consideration and no breach was made by the respondents while carrying out the said enquiry. He further submitted that if documents at Annexures I, K, L, M, N, O, P, Q and R, are perused minutely, it can easily be culled out by any common man that the sole goal of the petitioner was to prolong the enquiry, to find out irrelevant technical lapses which prima facie appears attractive then file litigation taking extra care to see that the said enquiry be proceeded ex-parte so that he could take the plea of conducting the enquiry in his absence. Had the petitioner adopted proper procedure in the enquiry and requested for friend at the right time, his request would have been considered according to the rules and regulations of the department. Moreover, the submission relating to non-supply of the documents is in fact misconceived. So far as the imposition of punishment/dismissal is concerned, unless the said punishment suffers from illegal material/procedural irregularity or that would shock the conscience of the Court, the same should not be interfered with.