NAGINBHAI VELJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed the present writ petition praying for quashing and setting aside the order dtd. 4/1/2011 passed by the respondent of withholding of two increments with future effect of the petitioner.

(2.) It is the case of the petitioner that the petitioner was serving as a Taluka Development Officer. A charge-sheet came to be issued upon the petitioner on 13/3/2006 by the State Government and departmental inquiry was held against the petitioner in respect of five charges which relate to the period from 11/3/1997 to 10/8/2000. After the inquiry, the Inquiry Officer submitted his report on 29 th September 2008. The Inquiry Officer did not find any substance in the charge against the petitioner. The disciplinary authority was not in agreement with the report submitted by the Inquiry Officer, and by issuing a notice dtd. 16/6/2010 without supplying a copy of the report, called upon the petitioner to submit his representation against the same as the disciplinary authority was differed with the findings and report of the Inquiry Officer. The petitioner submitted his representation against the said notice. The State Government has imposed a penalty of withholding of two increments with future effect on the petitioner.

(3.) Being aggrieved and dissatisfied with the aforesaid order of the respondent disciplinary authority, the petitioner has filed the present writ petition.