N B KAZI Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) The short facts of the case are that the petitioner was served with the charge-sheet of demanding illegal gratification of Rs.5 from one of the litigants for getting his work done speedily. The petitioner was serving as Clerk in the Court. It appears that when the said litigant namely; Dinesh Kumar Jatashankar complained before the learned Magistrate, his statement was recorded on oath by the learned Magistrate on 5.2.1990 and thereafter on that basis the charge-sheet was served upon him. The inquiry was held and it was found by the Inquiry Officer that the charges are proved of demanding illegal gratification by misusing the position as the employee of the Government.

(2.) The petitioner was heard for the penalty and ultimately on 4.3.1991 the learned District Judge, Bhavnagar passed the order of dismissal of the petitioner from the service forthwith. It appears that the petitioner carried the matter in appeal by way of Departmental Appeal before the Administrative Judge of this Court and in the appeal the appellate authority did not disturb the findings of proof of the charge, but found that the punishment is disproportionate and, therefore, the said punishment was substituted by reducing the petitioner to the stage of lowest pay-scale of Junior Clerk without any arrears of salary or seniority and the period under suspension has been treated as penalty and additionally the period from the date of dismissal till reinstatement was also treated as the period under suspension by way of penalty, without any monetary benefits or allowances. It is under this circumstances, the petitioner has approached this Court by preferring this petition.

(3.) Heard Mr.Raval, learned Counsel for the petitioner, Mr.Pardiwala, learned Counsel and Ms.Reeta Chandarana, Ld. AGP for respondents.