ANSHUMALI B LOWALEKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Anshumali Bhalchandra Lowalekar has filed the present petition to challenge the Government Resolution No. SLT-1080-895-G-2 dated 23.9.1981 and Rule 6 of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 (hereinafter referred to as the Rules) and to declare them as ultravires and to get a declaration that he is entitled to get promotion to the post of Dy. Conservator of Forests from 30.3.1986.

(2.) The petitioner joined as Range Forest Officer on 10.11.1966. He was promoted as Assistant Conservator of Forests on 13.12.1977. While he was working as Range Forest Officer, it was his duty to pay wages of the workers who were to work for the forest department. It seems that one Amarsinh Talabhai had made two applications on 20.2.1978 and 2.3.1978 to the superiors of the present petitioner making grievances against him that an amount of Rs. 600/- payable to the workers was not actually paid. After the receipt of the said applications, explanation of the present petitioner was also sought for and necessary inquiries were made and then it was decided to start a departmental inquiry against the present petitioner. On 21.9.1977, a Memorandum of charges and the material documents in support of the allegations against the present petitioner were supplied to him and thereafter departmental inquiry was initiated against the present petitioner on 15.4.1982. The inquiry officer had examined various witnesses and had also considered the materials on record and it was found that there was no misappropriation of the said amount of Rs. 6007- but though the petitioner had received the amount on Rs. 29.1.1977, the same was not paid to the workers on that day and that it was subsequently paid to the workers and that too after complaints were received by the superiors. He accordingly submitted the report of the inquiry and then the disciplinary authority was pleased to award penalty of with-holding of two increments without future effect.

(3.) It is the case of the petitioner that said inquiry was held in an arbitrary and unfair manner. He contended that there was no evidence to support the allegations against him and the punishment awarded to him was illegal and improper. He has further averred that there was unecessary delay in holding the said inquiry and the said delay has caused prejudice he has lost chances of getting promotion to the post of Dy. Conservator of Forest. During the pendency of the said petition, Departmental Promotion Committes met for the purpose, of giving promotion to the post of Dy. Conservator of Forests and the promotion orders were released on 30.3.1983 by promoting three Assistant Conservators of Forest who were junior to the petitioner. Then the Departmental Promotion Committee had met in December, 1983 and second time promotional order was issued but he was not given promotion at that time also. Thus according to him, there is double punishment to him on account of denying promotion to him and on account of stoppage of two increments. It is his contention that the explanation 3 to Rule 6 of the Rules is unconstitutional, irrational, and arbitrary and therefore, the same deserves to be struck down, it is also contended by him that the Government Resolution dated 23.9.1991 bearing No. SLT-1080-985-G-2 provides unguided and unfettered power and discretion to withhold promotion lor an indefinite period and therefore, the same is unconstitutional and ultra vires. He has therefore, prayed for the following reliefs in his petition.