JAGDISHCHANDRA VITHALDAS RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India by the petitioner challenging the order dtd. 3/2/2015 and also a communication dtd. 20/12/2017. By the aforesaid communications, the petitioner has been imposed a penalty of reduction in pension of Rs.5,000.00 a month for a period of one year. His request for reconsideration of the same was also rejected.

(2.) Facts in brief would indicate that while the petitioner was working as a Mamlatdar, from which post he retired on 30/9/2012, a date prior to his retirement, a charge-sheet was issued. The charge-sheet dtd. 29/9/2012 imputed a misconduct against the petitioner. According to the department, in context of a parcel of land at Iyava Vasna, Survey No. 189 / 1, the land in question was purchased by one Kamani Chemical Works, a partnership firm and a mutation entry pursuant to such purchase on 10/5/1987, was recorded being Mutation Entry No. 1331. An Entry No. 3262 was recorded on the basis of a dissolution deed of partnership produced by the partners of the firm, seven in number. According to the department, the petitioner issued notices under Sec.135- D of the Bombay Land Revenue Code on 2/6/2009 to only seven partners whereas the partnership firm had eleven partners. On a complaint being made by one of the four partners who did not receive the notice under Sec.135-D of the Bombay Land Revenue Code, it was the case of the department that when in the land in question as per the revenue records the name of Kamani Chemicals was registered and such a partnership firm had eleven partners, without obtaining a copy of the partnership deed from the Registrar of Firms and to verify the number of partners, the petitioner, without such verification, issued notices only to seven partners and not all eleven partners, and therefore, such mutation of entries indicated that the petitioner had acted with doubtful integrity.

(3.) Mr.Dipen Desai, learned counsel for the petitioner, would make the following submissions: