PRANLALBHAI D KAKRECHA Vs. PRESIDENT JUNAGADH NAGAR PALIKA

JUDGEMENT

(1.) The petitioner, who is a retired Chief Officer of Junagadh Nagarpalika (later on, converted to "Junagadh Municipal Corporation"), has claimed retiral dues, by filing this petition, under Article 226 of the Constitution of India, as the respondent - Nagarpalika has not paid the retiral dues without any reason, despite the fact that the petitioner retired in August 2000.

(2.) The petitioner, initially, came to be appointed as an Auditor with the respondent - Nagarpalika on 17-07-1969. In 1997, the charge of the Chief Officer was given to the petitioner. He had filed an application before the Labour Court, Junagadh, for his promotion and restraining the respondent - Nagarpalika from reverting him from the post of Chief Officer. The Labour Court, also, granted interim order in favour of the petitioner. One, Karmalbhai Punjabhai Katara had filed the writ petition, being Special Civil Application No.8784 of 1997, against the stay order granted by the Labour Court in favour of the petitioner, which came to be withdrawn on 18-04-1998 with some directions by this Court in the said petition.

(3.) The respondent again initiated preliminary inquiry proceedings against the petitioner for charge of misappropriation for the period from 19-11-1997 to 09-12-1997 during which period the petitioner was holding the post of Chief Officer as In-charge Chief Officer. In the preliminary inquiry, the respondent found him `not guilty.' Unfortunately, the petitioner was suspended from the service on 11-03-1998. Despite elapse of two years, the respondent-Nagarpalika did not start any regular Departmental Inquiry and not even filed the charge-sheet against the petitioner. It is in this context, the petitioner moved the authority to revoke his suspension and the request was accepted, and the suspension of the petitioner came to be revoked by an Order dated 14-06-2000 and a Resolution dated 18-06-2000. That is how the petitioner resumed the duties from 14-06-2000.