SOMABHAI MOTIBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed challenging the order of penalty dtd. 27/9/2022, passed by the Home Department, Government of Gujarat (ANNEXURE A), directing deduction of Rs.3,000.00, every month from pension of the petitioner for a period of five years.

(2.) Facts in brief are as under: The petitioner had joined the service of the Jail Department in the year 1991 as Sepoy. Thereafter, in the year 2013, he was promoted to the post of Hawaldar. During his tenure at Ahmedabad Central Jail, two under-trial prisoners were found with two mobile phones. The duty at that time was that of the petitioner. Therefore, he was served with Show Cause Notice and disciplinary proceedings for the said incident was initiated against him. Inquiry was conducted as per Gujarat State Civil Services (Conduct) Rules. 1971, and upon completion of the said proceedings under the extant Rules, Inquiry Officer under its report dtd. 4/7/2022 held the charges as proved. Against the report of the Inquiry Officer, the petitioner filed representation dtd. 16/11/2021. The representation was considered and order of penalty dtd. 27/9/2022 was passed. Under the penalty order, Rs.3,000.00 has been directed to be deducted from the pension of the petitioner for 5 years. Against the order of penalty dtd. 27/9/2022, the petitioner filed review application seeking reconsideration, and the same has been rejected by order dtd. 2/2/2023. Aggrieved by which, the present petition is filed.

(3.) Heard learned advocate Mr.Smit Vaghela for learned advocate Vaibhav Vyas for the petitioner and learned Assistant Government Pleader Ms.Pooja Ashar for the respondent.