KHIMJIBHAI KANJIBHAI BALAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is against the order passed by respondents-authorities vide which the interest on delayed payment of gratuity has been declined.

(2.) Brief facts of this case are that, the petitioner joined Government Service on 5.10.1980 and he was promoted to Indian Administrative Service (IAS) cadre with effect from 17.04.2002. He retired on reaching the age of superannuation of 60 years on 31.7.2007. On the last day of his service, disciplinary proceedings were initiated against him by the State Government vide Memorandum dated 31.7.2007 relating to his tenure as Collector, District: Narmada, for allegedly passing order in violation of Section 73AA of Land Revenue Code and Section 84(C) of the Tenancy Act.

(3.) It is case of the petitioner that, despite full cooperation extended by him, the proceedings were concluded after inordinate delay of 7 years by imposing the order of penalty dated 5.11.2014 passed by the Government of India. Petitioner was imposed penalty of withholding 5% cut (or Rs. 500/- per month) on monthly pension for a period of one year. It is claimed that the petitioner was completely innocent and he had not committed any misconduct and the order was passed by him were in quasi-judicial capacity and therefore, no disciplinary proceedings could have been taken against him.