STATE OF GUJARAT Vs. G A PATEL

JUDGEMENT

(1.) . This is a Letters Patent Appeal filed against the writ petition of the respondent and quashing the minor penalty which was imposed upon him.

(2.) . The respondent was serving in the office of the Mamlatdar, Gandhinagar in the year 1970, on account of charges of tampering with the Government records a memorandum was issued to him asking for explanation as to why any other penalty specified by Rule 6 of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 be not imposed on him. A detailed reply was submitted. But an Inquiry Officer was appointed who, after examining witnesses and considering oral and documentary evidence, submitted a report on 18-11-1979 holding that the charges against the respondent were not proved.

(3.) . The appellant herein disagreeing with the findings of the Inquiry Officer but, without issuing any notice to the respondent or affording of any further opportunity of being heard, he came to the conclusion on 4-12-1979 that the charges against the respondent were true and on 12-12-1979 order was passed to the effect that he did not agree with the findings of the Inquiry Officer with regard to charge No. 2 and that minor penalty of withholding two annual increments without any future effect was imposed.