(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner (now through his heirs and legal representatives who has already expired during the pendency of the present Special Civil Application) have prayed for an appropriate order, direction quashing and setting aside the impugned order passed by the respondent dated 23.02.1998 in passing the order of penalty on conclusion of Departmental Inquiry by imposing cut of Rs.200/- from the pension of the petitioner for a period of 10 years. At the outset it is required to be noted that the impugned order came to be passed in the year 1998 and the original petitioner has expired in the year 2001 and that the interim relief was not granted by this Court, therefore, the impugned order has been implemented and Rs.200/- has been deducted every month from the pension of the petitioner pursuant to the impugned order dated 23.02.1998.
(2.) The facts leading to the present Special Civil Application in nutshell are as under:
(3.) That on conclusion of the Departmental Inquiry and after giving an opportunity to the petitioner, Inquiry Officer submitted his report holding charge No.1 as not proved and charge nos. 2 and 3 as proved. It appears that a show cause notice was issued by the Competent Authority dated 16.11.1994 along with the inquiry report and the petitioner was called upon to make his submissions. That thereafter by order dated 24.05.1995, order of punishment came to be passed withholding of two annual increments with future effect. It appears that thereafter, the petitioner preferred Appeal No. 369 of 1995 before the Gujarat Civil Services Tribunal ("The Tribunal" for short). It was contended on behalf of the petitioner that while passing the order dated 23.02.1998 reply to the show cause notice dated 14.02.1995 has not been considered and/or dealt by the Disciplinary Authority and accepting the same the Tribunal by its judgment and order dated 15.10.1996 allowed the said appeal and quashed and set aside the order dated 24.05.1995 and remanded the case to the respondents for its consideration afresh from the stage of defect and for issue of suitable orders. That thereafter, on remand, considering the reply to the show cause notice, the order passed by the Tribunal and considering the gravity of the charges proved against the petitioner more particularly, tempering with the record i.e. making correction in the Log Book and misusing the Government vehicle for his personal use, the Disciplinary Authority has passed the order dated 23.02.1998 imposing penalty of cut of Rs.200/- from the pension every month for a period of 10 years. Being aggrieved and dissatisfied with the same, the petitioner has preferred the present Special Civil Application under article 226 of the Constitution of India.