L C GANATRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and/or order quashing and setting aside the order dated 16th January, 1997 passed by the respondent No.1 State of Gujarat i.e. Secretary, Water Supply, Health & Family Welfare Department, Gandhinagar, whereby withholding one increment with future effect for two years.

(2.) IT is the contention on behalf of the petitioner that by notification dated 10th February, 1988, the services of the petitioner was transferred to the Gujarat Water Supply and Sewerage Board and therefore, in view of Section 20 r.w. Section 29 of the Gujarat Water Supply and Sewerage Board Act; 1978, it was only the Board who has jurisdiction and/or authority to initiate the departmental inquiry against the petitioner and impose punishment. Ms. Vinita Vinayak, learned advocate appearing for the petitioner has relied upon the judgment of the learned Single Judge of this Court dated 1st July, 1996 rendered in special civil application No. 8110 of 1995 wherein, dealing with the similar controversy, the learned Single Judge of this Court has held that once the services are transferred to the Board by virtue of Section 20(1) and (2), the State Government would not have any jurisdiction to initiate any departmental inquiry and/or take disciplinary action.

(3.) SHRI Dipen Desai, learned AGP is not in a position to dispute that the controversy and/or dispute which has been raised in the present special civil application is not covered by the decision of this Court dated 1st July, 1996 rendered in special civil application No. 8110 of 1995.