K.K. TRIPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, by way of the present petition under Article 226 of the Constitution of India has prayed for issuance of appropriate writ or order for quashing and setting aside the Inquiry Report dated 07.09.2001 and the order of recovery dated 29.05.2006, whereby recovery of Rs. 1,40,862.32/- is ordered from the amount of gratuity pursuant to the departmental inquiry initiated against the petitioner.

(2.) The brief facts giving rise to the present petition are as under:

(3.) Learned advocate for the petitioner submits that the Joint Secretary, Labour and Employment Department, Government of Gujarat has no authority to pass the impugned order, once the matter is decided by the Appellate Authority i.e. Gujarat Civil Services Tribunal. It is submitted that if the respondent is aggrieved by the decision taken by the learned Tribunal, it could have challenged the said decision before this Court by filling a writ petition, but instead of challenging the said order by filing petition before this Court, the Joint Secretary of Labor and Employment Department has taken the order in suo-moto review, and ordered recovery by ignoring the judgment delivered by the learned Tribunal.