GUNWANTLAL AMRUTLAL BHAVSAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dtd. 30/9/2009 imposing monthly pension cut of Rs.500.00 for 5 years and to refund the amount if any deducted from the pension of the petitioner with interest.

(2.) Briefly stated facts of the petitioner are as under:

(3.) Mr. Radhesh Vyas, learned advocate appearing for Mr. P.A. Jadeja, learned advocate for the petitioner has submitted that the Enquiry Officer exonerated the petitioner from the charge levelled against him though the Disciplinary Authority did not agree with the findings of Enquiry Officer and issued the show cause notice without any reason for disagreement and copy of the tentative reasons is not supplied and upto to that extent, prejudice caused to the present petitioner. Even while passing the order of punishment, the advice of Gujarat Public Service Commission ('GPSC' for short) is obtained on record, but the said advice is not communicated for supplying to the petitioner. Hence, he has requested to allow the present petitions as considering the breach of principles of natural justice and in absence of communication of tentative reasons of the disagreement is violation of principles of natural justice and he has relied upon the judgment in the case of Yoginath D. Bagde vs. State of Maharashtra [AIR 1999 SC 3734].