N N SHUKLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is directed against an order of compulsory retirement passed by the Director of Health, Medical Service and Medical Education on March 8, 1984 and confirmed by the Gujarat Civil Services Tribunal, Gandhinagar in Appeal No. 104 of 1984.

(2.) Shortly stated the facts are that the petitioner joined services of the State Government as Junior Clerk on June 11, 1963 in the office of the Director of Health, Medical Services (Medicine Division), Gujarat State, Ahmedabad. He was then promoted as Senior Clerk and thereafter as Head Clerk. He was transferred to Government Hospital at Santarampur in Panchmahal District on July 20, 1980. It is his case that on account of prejudice and animosity at Santarampur, a false complaint was filed by one Jesingbhai Gulabbhai Patel to Dr. J.V. Dave, Superintendent of Santarampur Government Hospital wherein allegation was made that the petitioner had accepted an amount of Rs. 600/- by way of illegal gratification and thus he behaved in a manner unbecoming of a Government servant. Charge-sheet was issued wherein it was alleged that one Jesingbhai Gulabbhai Patel was ordered to be appointed as a Ward Boy in the Hospital at Santarampur. His order of appointment was to be sent by post and for that purpose envelope having the Government stamp of Rs. 0/35 ps. was prepared. It was duly stamped on OIGC envelope but instead of sending through post, according to the Department, the petitioner took it for personal service to Jesingbhai and at that time the petitioner demanded and accepted an amount of Rs. 500/- from said Jesingbhai. It was also the case of the Department that thereafter, the petitioner demanded and accepted additional amount of Rs. 100/- which Jesingbhai paid from his salary of November 1980 and even thereafter a demand of Rs. 100/- was made. Since Jesingbhai was not inclined to pay the said amount, he filed a complaint on December 20, 1980 before the Superintendent, Government Hospital, Santarampur pursuant to which charge-sheet was issued. The petitioner was called upon to show cause why departmental proceedings should not be initiated and appropriate punishment in accordance with the Gujarat Civil Services (Conduct, Discipline and Appeal) Rules, 1977 should not be imposed on him. The petitioner filed his reply on January 16, 1984 in which he made mention of some earlier proceedings and his reply of December 1982. His case was of total denial. According to him, he had neither demanded nor accepted any amount from Jesingbhai and complaint was concocted against him. He contended that it was not clear as to how Jesingbhai procured the amount which was to be paid and actually paid to the petitioner. The petitioner was involved at the instance of Mr. Dave, Superintendent of the Hospital. The petitioner stated that serious allegations were levelled against Dr. Dave and request was made to deal against him departmentally as well as by filing criminal prosecution, but nothing was done against him. No action can be taken pursuant to a complaint which was made by the complainant at the instance of Dr. Dave. The petitioner prayed to drop the proceeding initiated against him. Since the authorities were not satisfied with the reply of the petitioner, proceedings continued and finally the disciplinary authority came to the conclusion that the allegations levelled against the petitioner were proved and hence order of compulsory retirement was passed on March 8, 1994. the petitioner was ordered to be compulsorily retired with effect from April 1,1984.

(3.) Being aggrieved by the order passed by the authority an appeal was filed which was also dismissed. Against that appellate order, this petition is filed.