BIPINBHAI MAKANDRAI BHATT Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) The present petitioner is filed under Article 14 , 19 , 21 and 226 of the Constitution of India with following prayers;

(2.) Petitioner joined with the respondent - authority as Sanitary Sub Inspector in the year 1985 and served with the respondent authorities for 25 years blot-less and unblemished service. It is the case of the petitioner that on 7/10/1989, the petitioner was served with the notice asking him to show-cause as to why disciplinary action under Sec. 56(2) of the Gujarat Provincial Municipal Corporation Act, 1959 be initiated against the petitioner for reporting the office late by 30 minutes. Reply to the show-cause notice was given by the petitioner along with the medical certificate disclosing that he was suffering form kidney disease since 19/8/1989. However, the same was not considered by the respondent authority and vide order dtd. 16/11/1989, respondent imposed the punishment of stoppage of One increment with future effect.

(3.) Heard learned advocate Mr. Murali Devnani for the petitioner. He has submitted that merely on the basis of the show-cause notice for an act wherein the petitioner has turned up for his work only half an hour late would result into major penalty of stoppage of One increment with future effect. It is also submitted that as it is a major penalty without holding an inquiry, it is illegal.