HIRALAL KHUSHALBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed for the following prayers:

(2.) The brief facts leading to filing of this petition are such that the petitioner was appointed as Peon and posted at office of the Senior Geologist, Mining Research Circle, Rajkot on 8/1/1990; thereafter he was promoted by respondent no.1 on 3/7/2004 to the post of Junior Clerk (Class-III); on 22/10/2009, the respondent no.1 transferred the petitioner from District Office, Rajkot to District Office, Navsari; on 13/4/2012, at 12.35 p.m., the ACB, Navsari raided the District Office, Navsari and arrested the petitioner at 17.30 p.m. in connection to the FIR being C.R.No.3/2012 registered before the ACB Police Station, Navsari punishable under Ss. 7, 13(1)(C) and 13(2) of the Prevention of Corruption Act; vide letter dtd. 16/4/2012, on the basis of letter of respondent no.3 written to respondent no.1, suspended the petitioner; after completion of the inquiry, the police inquiry has filed chargesheet dtd. 4/9/2012 against the petitioner under Rule of the Gujarat Civil Service (Discipline and Appeal) Rules, 1997 and framed the charges against the petitioner and also asked him to file defence within 30 days; thereafter, on 27/5/2013, the petitioner made representation to the Deputy Director of Geology and Mining, Gandhinagar and requested to consider his case and drop the departmental inquiry; on receiving the report of the departmental inquiry, on 29/5/2017, the respondent no.1 passed the order of stopping of three increments with future effect under Sec. 6(2) of the Rules; against the said order, the petitioner approached before the learned Gujarat Civil Services Tribunal, Gandhinagar by way of Appeal No.71 of 2017, however, the said appeal was dismissed vide order dtd. 14/10/2019 and the order dtd. 29/5/2017 was confirmed. Therefore, this petition is filed by the petitioner.

(3.) Heard learned advocates for the parties.