A K VALVI Vs. COMMISSIONER OF FISHERIES

JUDGEMENT

(1.) The petitioner has preferred present petition under Articles 14, 16, 21, 226 and 227 of the Constitution of India challenging the penalty order dtd. 24/7/2006 passed by the Commissioner of Fisheries (Disciplinary Authority), respondent No.1 and order dtd. 3/12/2010 passed by the Gujarat Civil Services Tribunal Gandhinagar in Appeal No. 314 of 2006 and prayed for below mentioned relief/s:-

(2.) The facts giving rise to present petition are that the petitioner was serving as Fieldsman in the office of the Assistant Director of Fisheries, Surat since last 30 years. During the period from 12/4/1990 to 4/9/1997 the petitioner was working at Ukai Fisheries Farm in Surat. On 30/6/1997 on a visit paid by the Deputy Commissioner of Fisheries (Vadodara) loss of 8035 Kgs. of brooders was reported. The petitioner and several others employees were held responsible for the said loss and the chargesheet came to be issued against the petitioner. In the departmental inquiry, the charges against the petitioner were held proved and the authority passed a penalty order on 17/6/2002 withholding one increment of the petitioner and directed recovery of Rs.28,712.00 from him. Against that Appeal was preferred by the petitioner being Appeal No.261 of 2002 before the Gujarat Civil Services Tribunal, Gandhinagar and the said authority quashed and set aside the penalty order and remanded the matter for fresh departmental inquiry against the petitioner.

(3.) I have heard Mr. Shalin Mehta, learned Senior Counsel assisted by Mr. Ninad P. Shah, learned Counsel for the petitioner and Ms.Dharitri Pancholi, learned Assistant Government Pleader for the respondents authorities.