VINUBHAI JESANGBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner by way of present petition under Article 226 of the Constitution of India has prayed for issuance of an appropriate writ/order for quashing and setting aside the impugned order dated 31.01.2006 passed by the respondent No.1 by which penalty of reduction of Rs.250/- per month from pension was imposed on the petitioner. It is further prayed that necessary direction may be issued to the respondent authorities to consider and treat the period between 12.10.1999 to 30.04.2001 as period on service/duty, and the respondent authorities may be directed to pay the consequential benefits, including salary, wages and other leave benefits to the petitioner by treating the said period as part of service and pension may also be ordered to be revised accordingly. It is also prayed that the respondent authorities may be directed to consider the case of the petitioner for extending the benefit of higher pay scale in light of Government Resolution dated 16.08.1994 with effect from 01.06.1987. The petitioner has also prayed that the respondent may be directed to pay leave encashment and interest on gratuity amount from the period between 01.05.2001 to 30.04.2004 as per the provisions contained under the Payment of Gratuity Act, and has prayed for quashing and setting aside the illegal and arbitrary action of the concerned authority of deducting Rs.15,000/- from the amount of gratuity by order dated 26.09.2003.

(2.) Learned advocate for the petitioner submits that the petitioner has joined the service under the respondent in the year 1964, and thereafter, he was promoted as Vaccination Supervisor in the year 1970. It is submitted that when the petitioner was serving as Vaccination Supervisor in Primary Health Center, Chorand, Taluka Karjan, he had submitted a traveling bail, and an allegation came to be leveled against the petitioner to the effect that despite travelling through the official vehicle, he had claimed traveling allowance. Therefore, on the aforesaid allegations, disciplinary proceedings were initiated by the respondents, and ultimately, charge-sheet dated 08.09.1989 came to be served upon the petitioner. As per the charge-sheet, the allegations are that without obtaining prior permission, the petitioner proceeded with his studies and became a graduate, and thereafter also he had obtained a degree in Master of Arts, but he did not inform the department, therefore, the same is a misconduct on the part of the petitioner. During the pendency of departmental inquiry, the petitioner moved a Special Civil Application No.558 of 1992 and at the time of admission of the said petition, by way of interim order the respondent authorities were restrained from passing any order of punishment without giving an opportunity of hearing to the petitioner. Thereafter, inquiry proceedings were concluded and punishment of dismissal from servicve was inflicted upon the petitioner. Being aggrieved by the said order of dismissal, the petitioner preferred an Appeal No.77 of 1999 before the appellate authority i.e. the Additional Development Commissioner. The appellate authority has quashed the dismissal order and remanded the matter for denovo consideration of the punishment part. Accordingly, the disciplinary authority after reconsidering the charge levelled against the petitioner passed an order of punishment whereby the penalty of reduction in pension of Rs.250/- per month came to be imposed.

(3.) According to learned advocate for the petitioner, the said order is illegal, arbitrary and violative of Article 14 of the Constitution of India. It is submitted that the traveling bill worth Rs.127/- was prepared by one of the junior staff member, and the said staff member has also admitted during the course of inquiry that some mistake/error was committed by him while preparing the T.A. and D.A. bill, and the petitioner was not at fault. Moreover, the said amount was also deposited, therefore, actually there is no financial loss to the respondent authorities.