RAMESHBHAI KALIDAS JOSHI Vs. DISTRICT DEVELOPMENT OFFCER

JUDGEMENT

(1.) Heard learned counsel for the petitioners. The only contention made by the learned counsel for the petitioners is that the order of the Tribunal to the extent where it declined to grant the arrears of pay to deceased Rameshbhai Kalidas Joshi for the period from the date he was relieved till 7.7.1982 is illegal.

(2.) Under the order dated 16.12.1976, the Deputy District Development Officer ordered the petitioner to be removed from the services as he was found guilty of misconduct alleged against him. Against the order of removal, the petitioner submitted an application on 2.3.77 to the Development Commissioner, Gujarat State. Nothing has been done on the said application and as such, deceased Rameshbhai approached this Court by filing Special Civil Application No. 1557 of 1981. This Special Civil Application has been decided by this Court on 23rd November, 1981. The order of this Court reads as under:

(3.) This Court, on the undertaking given by the counsel for the District Development Officer, directed to treat the application of the petitioner dated 2.3.77 as an appeal against the order of removal and to dispose of the same on merits. The Tribunal has declined to grant back wages for the period from the date of removal to the date on which appeal has been decided on the ground that the deceased employee is responsible for delay in filing of the appeal. The Tribunal has interfered with the punishment which has been given to the deceased employee and the punishment of removal was ordered to be susbtituted by punishment of reduction in pay by three stages for a period of three years.