JITESHKUMAR V CHOTAI Vs. DIST JUDGE

JUDGEMENT

(1.) By filing this petition, the petitioner has challenged the order by this High Court in Departmental Appeal, dated 31-1-1990, which is at Annexure-J. By the impugned order, the appeal of the petitioner is partly allowed by substituting the penalty awarded by disciplinary authority and the same is reduced to stoppage of one increment without future effect.

(2.) The petitioner, who is working as an English Stenographer, Grade-II, under respondent No.1 was subjected to departmental proceedings in view of the complaint received by disciplinary authority from one Shri N.K.Bhatt, who was serving as a peon in the establishment of District Court at Rajkot.

(3.) As per the statement of imputation of charge, it is alleged that on 10-7-1984, the petitioner met Shri N.K.Bhatt, Peon of the District Court in connection with duplicating work. The petitioner informed said Shri N.K.Bhatt to have the duplication work done, which he had brought from his office but Shri Bhatt informed the petitioner that he was busy with other work and asked the petitioner to send some other incumbent of his Court for said duplicating work. On this the petitioner got excited and used abusive language for which said Shri Bhatt gave an application to the District Judge on 10-7-1984. Accordingly, departmental inquiry was initiated against the petitioner on the charge of having mis-behaved while on duty. The disciplinary authority, i.e., District Judge came to the conclusion that the charges are proved and ultimately, imposed a penalty of withholding of five increments with cumulative effect.