NARAYAN D KHUSHALANI Vs. DISTRICT PRIMARY EDUCATION OFFICER

JUDGEMENT

(1.) The petitioner has challenged the charge-sheet dated 31.08.99 whereunder a charge was levelled against him in respect of an incident which occurred in the year 1982-83 on his resigning from the services and obtaining an employment in another school and again after a gap of about three months joining the respondent school after some litigations. The issuance of charge-sheet and the initiation of disciplinary proceedings resulted into imposition of penalty of reducing him to the minimum stage of his pay scale of Rs. 4000-6000 for a period of five years with future effect. This penalty was imposed vide order dated 18.12.2000. The said order is as it is stated hereinabove impugned in this petition.

(2.) Few facts in nutshell deserve to be set out for appreciating the controversy in its true perspective.

(3.) Mr Nalin Thakkar, learned advocate appearing for the petitioner has submitted that not only the inquiry was conducted contrary to the principles of natural justice and the relevant rules but the charge-sheet itself was not maintainable as it was issued belatedly. The gross delay in issuance of the charge-sheet in itself is sufficient to quash the charge-sheet and also quash the resultant order of punishment.