Y A RADHANPURA Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) Petitioner has challenged the order dated 05.11.2011 as at Annexure -A to the petition, under which the Government imposed a punishment of reduction of petitioner's pay by one stage for a period of two years with future effect with the further stipulation that during the period of penalty, the petitioner would not earn any increments.

(2.) Brief facts are as under: -

(3.) Learned Counsel for the petitioner submitted that there was no evidence to hold that the charges against the petitioner were established. Inquiry Officer gave detailed reasons. Without considering the evidence on record and the representation of the petitioner, such findings were reversed. In fact, even the notice issued by the Government did not contain proper reasons for overruling the conclusions of the Inquiry Officer. Counsel further pointed out that in case of co -delinquent Shri V.B.Kachot, this Court in SCA No.94 of 2002, quashed the punishment by judgment dated 04.08.2010. The judgment was upheld by the Division Bench in LPA No.764 of 2011 by judgment dated 06.05.2011.