SHAH BABULAL BALKRISHNA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Counsels for the parties.

(2.) The petitioner who was holding the post of class I, i.e., the Chief Town Planner and Architectural Advisor, Gandhinagar Capital Project, filed this Special Civil Application and prayed therein that the action of the respondents of withholding the amount of gratuity payable to him be declared null and void, arbitrary, unreasonable, discriminatory and violative of Arts. 14 and 16 of the Constitution and has also prayed that further direction be issued to the respondents to pay him the amount of gratuity together with interest with effect from 1-9-1989 till the date of payment. Prayer has also been made for quashing the order dated 25-8-1989, under which the respondent No. 1 has ordered for continuation of inquiry against the petitioner after retirement.

(3.) The facts of the case in brief are that the petitioner was served with a chargesheet dated 18-10-1988 for misconduct alleged therein. The period of misconduct alleged is of 1-2-1978 to 11-2-1980, when the petitioner was serving as a Senior Town Planner in the office of the Ahmedabad Urban Development Authority (AUDA for short). The petitioner was served with another charge-sheet dated 30- 8-1989, i.e., on the day prior to the date of his retirement from service. The petitioner replied to both the charge-sheets aforesaid. In exercise of powers conferred upon respondent under Rule 189A of the Bombay Civil Services Rules, 1959 (hereinafter referred to as "the Rules"), the respondent passed order dated 25-8- 1989, inter alia informing him of continuance of the inquiry commenced against him. The resultant effect of the said order was that the amount of gratuity payable to the petitioner stood withheld.