STATE OF GUJARAT Vs. D.R.RAVAL

JUDGEMENT

(1.) Heard learned AGP Mr. Aditya Pathak for the petitioner - State, who by way this petition, challenge order passed by the Gujarat Civil Services Tribunal dtd. 4/12/2019 in Appeal No.113/2018.

(2.) It would appear that the respondent herein i.e. the employee had vide the appeal in question, challenged an order dtd. 7/6/2014, whereby the respondent had brought the services of employee to an end exercising powers under Rule 16(2) of the Gujarat Civil Services (Leave) Rules, 2006, more particularly the provisions being with regard to deemed resignation. The Tribunal after having considered the submissions made on behalf of the petitioner, had inter alia come to a conclusion that the petitioner had not been given reasonable opportunity before the order of deemed resignation had been passed. The Tribunal having noted as such, had in the peculiar facts of the case, decided to modify the punishment by itself and whereas the punishment of deemed resignation was converted into one of stoppage of reduction in time scale of pay by three increment with future effect and whereas the employee was directed to be paid his retiral benefits, more particularly the employee having been stated to have retired in the interregnum.

(3.) Learned AGP for the petitioner has taken this Court through the observations of the learned Tribunal and whereas the learned AGP would submit that the learned Tribunal had committed a grave error in reversing the order of deemed resignation. It is submitted that the employee was consistently remaining absent and from the documents tendered across the bar, it is sought to be contended that even punishment for such absence had also been imposed upon the employee herein before. Learned AGP would submit that under such circumstances, the order passed by the respondent of deemed resignation under Rule 16 of the Rules, was just and proper and whereas this Court may set aside the order passed by the Tribunal and confirm the order passed by the respondent authority.