STATE OF GUJARAT Vs. M M PATEL

JUDGEMENT

(1.) THE petition is filed questioning the order dated 19.05.2008 passed by the Gujarat Civil Services Tribunal, Gandhinagar allowing the Appeal No.115 of 2007 filed by the respondent herein against the punishment of reducing the petitioner to a minimum of the pay in the lower scale i.e. Rs.4,000/ - with future effect for two years.

(2.) THE respondent was employed as a Senior Clerk with the petitioner. While she was discharging her duties as such in the office of District Education Officer, Bharuch (for short "D.E.O."), a chargesheet, alleging irregularities in her duties, unauthorized signing of muster roll on holidays, unauthorized signing of muster roll on 03.07.2001, 30.07.2001 and 31.07.2001 despite her being on casual leave, her signing of muster roll between 30.05.2001 to 04.06.2001 despite her absence from duties during the said period, claiming unauthorized compassionatery leave, negligence in relation to a file meant for compassionate appointment, insubordination by not obeying the office orders of internal transfer, was issued to the respondent. In response to the chargesheet, the respondent entered the defence by the statement of defence dated 27.03.2003, wherein all the charges were disputed. She came out with a case that she was orally required to work on holidays by one Office Superintendent Shri Dhariya on 21.02.2001, 10.03.2001, 02.04.2001, 05.04.2001, 28.07.2001, 29.07.2001 and 30.07.2001 and that though applied for leave for the period between 30.05.2001 to 04.06.2001, she worked after cancelling the said leave, within the knowledge of the D.E.O. Similarly, an explanation for 03.07.2001 was that she attended the office at Gandhinagar in connection with the file relating to compassionate appointment.

(3.) THE Inquiry Officer was appointed on 25.09.2003. The report was submitted on 12.05.2004 which was supplied to her on 20.07.2004 and in response to the second show cause notice, the reply was submitted, wherein she reiterated her stand.