DSHRATHSINH M RATHOD Vs. DIRECTOR OF VETARINARY (PASHUPALAN)

JUDGEMENT

(1.) THE short facts of the case are that the petitioner was serving in the Animal Husbandry Department, and during the said period, he was served with a charge -sheet and ultimately, the departmental inquiry was conducted and the inquiry officer found that the charges of insubordination and other charges levelled against the petitioner were proved. It was suggested by the inquiry officer that to set an example, the punishment be imposed upon the delinquent. The disciplinary authority issued the second show -cause notice after the charge -sheet and the opportunity of hearing was given to the petitioner and the order came to be passed of removal from service. The petitioner carried the matter before the Tribunal being Appeal No. 299/99 and the Gujarat Civil Service Tribunal as per the order dated 31.07.2002, dismissed the appeal and it is under these circumstances, the present petition.

(2.) I have heard Mr.Dastoor for the petitioner and Mr. Chayya, learned AGP for the State Government.

(3.) MR . Dastoor, learned counsel for the petitioner submitted that in view of the charges levelled against the petitioner and such charges being proved of insubordination, the matter may be considered by the Court on the aspects of quantum of punishment. He submitted that family circumstances of the petitioner are such that he has minor children and the livelihood of the family is dependent upon the service of the petitioner. The petitioner had served for about 22 years and because of the alleged ground of insubordination, the petitioner is removed from service. He therefore submitted that as the punishment is disproportionate with the charges levelled against the petitioner, this Court may interfere.