KANAKSINH MADHAVSINH RAVALJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The captioned writ petitions are filed challenging penalty order dtd. 5/11/2019, passed by respondent No.2 (Disciplinary Authority), wherein Disciplinary Authority has decided to deduct an amount of Rs.500.00 from pension of each of the petitioners for a period of six months.

(2.) Since all these petitioners, at the relevant time were serving as Additional Assistant Engineer with the State of Gujarat and for similar charges, were inflicted with same penalty, all these petitions are heard and decided together by this common judgement and order. For the sake of convenience, the facts referred in Special Civil Application No.1504 of 2020 are considered for the purpose of adjudication of the petitions. Rule returnable forthwith. Mr. Sahil Trivedi, Ld. AGP waives service of Rule.

(3.) Facts in brief, are as under: The petitioner was serving as Additional Assistant Engineer with Narmada and Water Resources, Water Supply and Kalpsar Department, Government of Gujarat since 1979 and on attaining the age of superannuation, retired in year 2015. The petitioner was subjected to a departmental inquiry along with 35 other co-delinquents for an alleged incident of the year 1992-94. The charge sheet containing allegations was filed after a period of 10 years on 28/4/2003, from the date of incident. The allegations, in the charge-sheet, were that the petitioner had not prepared the quotation and had not invited tenders and thereby assisted the Superior Officers (Deputy Executive Engineer and Executive Engineer) in passing the rate list and bills, which resulted into loss to the Government. Upon conclusion of inquiry, the Inquiry Officer, submitted his report dtd. 10/9/2013, exonerating the petitioner. However, as the Disciplinary Authority was not in agreement with the report of inquiry officer, a show Cause Notice along with reasons for disagreement was served upon the petitioner on 8/2/2016.