SHAILENDRAKUMAR KANHAIYALAL MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed seeking direction to quash and set aside the penalty order dtd. 2/11/2021, passed by the Disciplinary authority and the order dtd. 18/5/2022, whereby revision sought against the order of penalty has been rejected. The facts in brief, as referred in the petition are as under: -

(2.) The petitioner was appointed as Assistant Engineer on 29/9/1981. His services were regularized and promoted to the post of Deputy Executive Engineer on 17/1/2011. While working as Deputy Executive Engineer, he was served with chargesheet dtd. 20/1/2015. The charges were to the effect that as the petitioner failed in performing his duties in relation to connection of sub minor to minor (canal), the Government could not provide water for irrigation, in that region to the farmers for their agricultural activities. For the said inaction disciplinary proceedings were initiated. Pending inquiry, the petitioner retired upon attaining the age of superannuation. The inquiry Officer gave his report dtd. 6/3/2017 exonerating the petitioner from the charges. The Disciplinary Authority, after recording his reasons for disagreement issued a show cause notice dtd. 11/7/2019, calling for petitioner's reply. The petitioner filed reply dtd. 20/9/2019. Further two communications were issued on 6/7/2021 and 24/6/2021, by the respondent No. 1 and 3 respectively. Against the said communications, the petitioner filed his reply and also requested these authorities to reconsider the decision of the Disciplinary Authority. The Disciplinary Authority thereafter passed an order of penalty, directing to deduct pension of Rs.1000.00 per month for a period of 12 months. Against the order of penalty, the petitioner requested to reconsider the same and the same was rejected. Aggrieved by both the order of penalty and rejection of order seeking seeking revision, present petition is filed.

(3.) Heard learned advocate Mr. Bhushan Gehlot for learned advocate Mr. N. K. Majmudar and learned Assistant Government Pleader Mr. Sahil Trivedi, for the respondent - State.