STATE OF GUJARAT Vs. BHAILALBHAI HEMARAJBHAI UNADKAT

JUDGEMENT

(1.) Present appeal is directed against the order dated 26.7.2004 passed by the learned Single Judge of this Court in Special Civil Application No. 7452 of 1990 whereby the learned Single Judge has allowed the petition and quashed and set aside the order for imposition of penalty passed by the Disciplinary Authority.

(2.) Relevant facts are that the respondent-original petitioner was discharging duties as inquiry officer in City Survey Office at Songadh in District Surat. At that time, he decided certain matters wherein a dispute was raised that the properties are private properties and not the properties of the Government. On 12.2.1980, charge sheet was issued to him on the allegation that he held the properties as private properties against the rules and evidence. An inquiry was conducted and ultimately, charges were found to be proved and the penalty of pension cut of Rs.250.00 on permanent basis was imposed upon him.

(3.) We have heard Mr. P.P. Banaji, learned A.G.P. For the appellants and Mr. Party Divyeshwar learned advocate appearing for the respondent-original petitioner.