M J PREM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, in this petition under Article 226 of the Constitution, has assailed the punishment imposed by the State of Gujarat, whereby, the amount of Rs.1000/= per month is directed to be reduced from the pension amount of the petitioner for a period of five years, by virtue of an order recorded by the State of Gujarat, dated 13.9.2001, interalia contending that such a major penalty has been imposed without holding and conducting regular inquiry and more so, when there has been no allegation of financial loss and, therefore, the impugned departmental penalty imposed on the petitioner is alleged to be illegal, erroneous, arbitrary, and contrary to the provisions of law and in violation of principles of equity before law and equal protection before law and, hence, in violation of Article 14 of the Constitution of India.

(2.) A skeleton projection of the material facts giving rise to this writ litigation may initially be highlighted so as to appreciate the merits of the petition and the challenge against the petition. Following factual profile and aspects are no longer in controversy and which are very relevant material for the purpose of adjudication of the controversy involved in this petition under Article 226.

(3.) The petitioner, at the relevant point of time, was working as a Sales Tax Officer at Kadi in Mehsana district between the period from 29.5.1998 to 12.11.1999 and, thereafter, he was transferred to Ahmedabad and as stated earlier, he completed his superannuation age in service with effect from 29.2.2000. However, the petitioner was informed on 17.2.2000 that respondent Government had decided to initiate departmental inquiry against the petitioner in light of the provisions of Section 189-A of the Bombay Civil services Rules,1959 (Rules for short ), which provides and prescribes the procedure for disciplinary action or proceedings initiated and continued after retirement and its effect on pension.