YOGESHBHAI KALIDAS PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Articles 14, 16 and 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

(2.) The short facts of the present petition are that the petitioner was appointed in the services of respondent no.2 on 1/9/1987 and has been working as Hostel Superintendent (Gruhpati). That upon criminal complaint filed by one Smt. Arpitaben d/o. Amritbhai Babubhai Rathod, the petitioner was suspended from the services. The respondent no.1 has addressed a letter on 3/9/2005 for approval of the suspension order and directed for payment of subsistence allowance. That the respondent has also filed Criminal Case No.3477 of 2005 before the concerned learned Chief Judicial Magistrate and the charge-sheet came to be issued and the petitioner filed reply to the charge-sheet. The Inquiry Officer addressed a letter to the petitioner and the appointment of the Inquiry Officer which was objected by the original complainant on the ground that the matter was pending before the concerned Court and the complainant made representation to the Inquiry Officer raising objection about appointment of Inquiry Officer and conducting inquiry and, thereafter, the Inquiry Officer concluded the inquiry. So far as the proceedings pending before the concerned Judicial Magistrate, First Class is concerned, Smt.Arpitaben filed pursis that there was some misunderstanding and she withdrew the complaint. The order came to be passed by the learned Additional Chief Judicial Magistrate on 17/7/2014 and subsequently, the order was passed on 25/7/2014 in Criminal Case No.3477 of 2005 exonerated the petitioner from all the charges. That respondent no.2 addressed a letter to respondent no.1 for cancellation of suspension order and reinstate the petitioner and, thereafter, the petitioner was reinstated in service and he resumed his duty and since then he is working and still paid 75% wages. However, the Director of Social Welfare Department has rejected the same vide letter / order dtd. 24/5/2016 forwarding therewith a copy of the letter issued by the Deputy Secretary, Gandhinagar. Against the order dtd. 24/5/2016, the present petition is filed.

(3.) The respondent no.1 has filed affidavit-in-reply to the petition and respondent no.2 has also filed affidavit-in-reply to the petition.