R C PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner who was working as Deputy Commissioner Mid Day Meal, Gandhinagar challenges the order dated 7th May 2002 reducing his pension by Rs 200 for a period of 3 years.

(2.) THE charges levelled against the petitioner intended to hold him negligent. A delay of 100 days and 23 days respectively in furnishing his opinion for pursuing few awards pronounced in the land Acquisition cases by the Court was also attributed to him. It is not necessary to set out the detailed facts in that regard. Suffice it to say that the petitioner was held responsible for having unnecessarily referred the award in reference cases 123/86 to 144/86 to the Executive Engineer for an opinion to file an appeal. So far as other set of cases were concerned, the allegations were that he had caused delay of 23 days in furnishing his opinion to the government. It was stated that because of such negligence of the petitioner, the State has suffered even as High Court did not entertain the applications for condonation of delay in both the set of cases.

(3.) AFTER following necessary procedure, inquiry came to be held opposing the petitioner after rejection of his statement against the proposed inquiry. The inquiry officer was appointed and after hearing the petitioner and the department and on consideration of relevant material placed before him, the petitioner was exonerated by a report dated 2nd February 2002. The disciplinary authority, however, did not agree with the findings rendered by inquiry officer and by a notice dated 17th April 2002, the petitioner was called upon to put in his final say. The disciplinary authority furnhished its own findings to the petitioner along with the notice dated 17th April 2002 (Annexure F). The petitioner submitted his reply. However, the disciplinary authority cyclostyled and reiterated its findings in the impugned order and brushed aside the petitioner's reply.