STATE OF GUJARAT Vs. C. H. KARIA

JUDGEMENT

(1.) The present Letters Patent Appeal under Clause 15 of the Letters Patent is filed by the appellant - original respondent assailing the correctness of the judgment and order dtd. 24/1/2014 passed by the learned Single Judge in Special Civil Application No. 7658 of 2008.

(2.) The prayer made in the writ petition before the learned Single Judge by the original petitioner was to quash and set aside the impugned punishment order dtd. 20/6/2005 passed by Government of Gujarat, Health and Family Welfare Department as well as subsequent confirmation order dtd. 5/8/2006 passed by the Government of Gujarat.

(3.) The learned Single Judge held that the order of punishment dtd. 20/6/2005 as well as its subsequent confirmation order dtd. 5/8/2006 passed by the Government Gujarat is reduced and modified to the extent that there shall be forfeiture of 10% of total pension with permanent effect. It was further directed to the present appellants - original respondent to make payment of pension and pensionary benefits as well as other retiral admissible dues within a period of 12 weeks from the receipt of this order passed by the learned Single Judge, failing which, 6% interest thereon from the date of his superannuation till the date of actual realization of the amount by the petitioner. It is this direction which is challenged in the present appeal.