KHODABHAI ARJANBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present petition under Articles 14, 16 and 226 of the Constitution of India, the petitioner, who is a retired Talati -cum -Mantri, has prayed to quash and set aside the order dated 6/11/2007 passed by respondent No.1, by which, opinion of the Gujarat Panchayat Service Selection Board u/s.235 of the Panchayat Act, to impose 100% pension cut for the irregularities committed by the petitioner, has been accepted and has imposed punishment of 100% pension cut on permanent basis, against the petitioner.

(2.) THE case of the petitioner, in brief, is as under:

(3.) IN response to the charge -sheet, the petitioner filed his reply on 24/01/2005. Inquiry Officer after considering the case of the Department as well as after hearing the petitioner, held that the charges levelled against the petitioner have been proved by the Department and opined that he can be punished under the Gujarat Panchayat Services (Conduct) Rules, 1998. After receiving the report from the Inquiry Officer, Disciplinary Authority issued Show Cause Notice to the petitioner on 02/09/2005 and called upon the petitioner to explain as to why punishment to reduce the pension shall not be imposed upon him. In response to the said Notice, the petitioner filed his reply and requested that no punishment shall be imposed upon him since a criminal case pursuant to the said transaction, was pending before the Competent Court. It is the case of the petitioner that though he has given reply to the show cause notice, he had received an order dated 6/11/2007 passed by respondent No.1 State of Gujarat imposing penalty to cut 100 % pension for all the times. Hence, the present petition.