SATYA PAL GUSAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is directed against the order dated 2.2.1996 passed by the Government of Gujarat, Revenue Department issued under the signature of Deputy Secretary to Government in the Revenue Department by order of the Governor whereby the punishment of stoppage of one increment for a period of six months without future effect has been imposed against the petitioner.

(2.) The petitioner is a Member of Gujarat Administrative Service (Class-I). During the period 15.7.1980 to 1.12.1983 the petitioner was working as Deputy Collector, Tenancy (Appeal), Baroda. With regard to the aforesaid period of his working he was served with the chargesheet dated 2.1.1989 i.e. after a period of nearly six years from the day he last worked as Deputy Collector, Tenancy (Appeal) and after a period of nearly eight years from the actual date of incident dated 24.12.1980. The charges levelled against the petitioner were that he had decided two Tenancy Appeals on 24.12.1980 and when the parties asked for the certified copies of the judgments he got copies of the judgments typed outside the office and still certified that the copies were prepared and typed by one Mr. B.K. Ganchi, Clerk-cum-Typist outside the office and after the working hours. It is alleged that by issuing such false certificate the petitioner had misused his official position and he was guilty of lack of maintaining devotion of duty under Rule 3 (l)(ii) of the Gujarat Civil Services (Discipline & Appeal) Rules, 1971. The other charge was that copying fee for 19977 words instead of 9024 words of the said judgment for two copies of each case were charged from the concerned parties to the dispute, amounting to Rs. 960/- on the basis of false certification. It is further alleged that after reimbursing the said amount to Shri Ganchi the petitioner took away the amount and pocketed the same and the amount of copying fees for 9024 words per copy of the said judgment i.e. Rs. 72.20 and for six copies Rs. 433.20 were chargeable and thus by calculating the excess number of words and not getting the copies typed by the said office clerk-cum-typist Shri Ganchi and by falsely certifying he took away illegally the amount of Rs. 526.80 and therefore guilty of lack of absolute integrity and devotion to duty under Rule 3 (1)(1) of Gujarat Civil Services (Discipline & Appeal) Rules, 1971. The inquiry commenced on 2.1.1989 and it culminated into punishment order dated 2.2.1996. The inquiry itself took the period of more than seven years and this penalty order was passed on 2.2.1996 imposing the punishment of reduction to lower stage in the time scale of Rs. 3500-5000 for a period of six months without future effect. This order dated 2.2.1996 has been assailed by the petitioner through this Special Civil Application on number of grounds including the ground that after long duration from the date of incident the inquiry was started at belated stage after a period of nearly eight years, the inquiry itself has taken a period of more than seven years and now the petitioner has been punished for an incident of 1980 in February, 1996 i.e. after a period of nearly fifteen years, that it is a case of no evidence; the order is based on conjectures and surmises and the authorities have acted with extraneous reasons; that the officer who held the inquiry was different than the officer who submitted the inquiry report; that the personal hearing was afforded by the concerned Deputy Secretary whereas the decision was taken by the concerned Minister; that the order suffers from malice and that the findings are perverse.

(3.) The respondents have filed affidavit-in-reply dated 9.10.1996 in response to the notice issued by this Court and the petitioner filed rejoinder dated 1.11.1996. After hearing both the sides Rule was issued this Court on 2.11.1996.