P.M. SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been filed under Clause 15 of the Letters Patent by the appellants -original Petitioner against the order dated 18.01.2010 passed by the learned Single Judge of this Court in Special Civil Application No. 11364 of 2009, whereby the learned Single Judge has dismissed the said petition. The facts in brief are that the appellant -original petitioner was working as Taluka Development Officer with the respondents and he superannuated from the service on 31.01.2004. On 11.12.2003 a charge sheet was issued against the appellant for holding a departmental inquiry on the ground that some infirmities were noticed in the performance of his duties, when he was working as a Taluka development Officer, Chotila, for the period from 22.06.1998 to 31.10.1998. On 22.04.2004 the appellant filed a written statement. Thereafter, Inquiry Officer was appointed to hold the departmental inquiry. The Inquiry Officer, after holding the inquiry, submitted his report on 08.11.2004. On 23.01.2005, the appellant submitted his representation against the said report. The respondent vide order dated 24.07.2008 imposed punishment of deduction of Rs. 500/ - per month for a period of two years from his pension. Against the said order, the appellant herein approached this Court by way of filing petition being SCA No. 11364 of 2009. The learned Single Judge vide impugned order dismissed the said petition. Hence, this appeal.

(2.) THOUGH served none appears for the respondent.

(3.) IN that view of the matter, we are in complete agreement with the conclusion arrived at by the learned Single Judge. Even, the penalty of deduction of Rs. 500/ - per month for a period of two years from the pension of the appellant is meager amount and it will not be appropriate for this Court to entertain this appeal. Taking into consideration the aforesaid facts, we are of the considered opinion that the learned Single Judge was completely justified in dismissing the petition. We are in complete agreement with the conclusion arrived at by the learned Single. Hence, the present appeal is dismissed. Rule is discharged.