DIPENDRA KESHAVLAL MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned AGP, Mr. Hasurkar, waives service of notice of rule on behalf of respondent No.1. Mr. Mehul Rathod, learned counsel waives service of notice of rule on behalf of the respondent No.2. At the joint request of the learned advocates appearing for the parties, this petition was heard for final disposal today itself.

(2.) In the present petition, the petitioner has challenged the action of the respondents of continuing him under suspension and has also prayed for a direction for issuing a posting order to him and for being paid salary and allowances for the period during which he was placed under suspension without authority of law.

(3.) Short facts leading to the present petition are that the petitioner, who is employed as a Chief Engineer (Vigilance & Enforcement) by the respondent No.2 Gujarat Water Supply and Sewage Board (hereinafter to be referred to as "the Board") was placed under suspension by an order dated 27-8-2003. In the suspension order, it is stated that the petitioner while working as the Chief Engineer (Materials) had caused serious loss to the Board by accepting PVC pipes of inferior quality. He was, therefore, alleged to have failed to discharge his duties due diligence. On the basis of these allegations with found a prima facie case against the petitioner, was ordered to be placed under suspension with immediate effect pending departmental inquiry. 3.1 The petitioner has narrated briefly his defence in the petition and contended that he had not committed any misconduct. With the defence of the petitioner, we are, however, not directly concerned in the present petition. 3.2 The suspension of the petitioner has been resorted to by the Government in exercise of powers under Rule 5 (1) of the Gujarat Civil Services (Discipline and, Appeal) Rules, 1971 (hereinafter to be referred to as "the Rules"). There is no dispute about the fact that the petitioner is governed by the said Rules and his suspension has been resorted to in exercise of powers under Rule 5 (1) of the said Rules. Rule 5 (1) of the-said Rules as it stood at the relevant time reads as under :