LAWS(GJH)-1997-10-48

KALIDAS AMARSHIBHAI VAGHELA Vs. DEPUTY DDO

Decided On October 22, 1997
KALIDAS AMARSHIBHAI VAGHELA Appellant
V/S
DEPUTY DDO Respondents

JUDGEMENT

(1.) The challenge has been made by the petitioner (since deceased) by this petition to the order of the respondent No. 1 dated 17th June, 1985 under which the petitioner was dismissed from the service.

(2.) The petitioner while serving as Talati-cum-Mantri of Lakhatar Gram Panchayat during the period between 29th March, 1974 to 27th July, 1977 had misappropriated Rs. 1056-70 ps., the amount which was received by him as revenue, education cess etc. The petitioner deposited the said amount in the Government treasury on 29.9.1977. For this misappropriation a criminal case has been filed against the petitioner and he pleaded guilt. The petitioner was convicted by the criminal court for the offence punishable under Secs. 409, 467, 477 of the IP Code. However, the Trial Court has given the petitioner the benefit of Probation of Offenders Act, 1958.

(3.) For this misconduct of misappropriation of the government money the petitioner was convicted in the criminal case and he was given a notice dated 10.9.1980 to show cause as to why he should not be punished by reducing his pay to minimum in the pay scale. This show cause notice has been replied by the petitioner. After the reply of the show cause notice the respondent No. 1 has not taken any final decision. Taking it to be serious and grave misconduct, the petitioner was given second notice dated 19th March, 1984 calling upon the petitioner to show cause as to why he should not be dismissed from service. The petitioner submitted his explanation to the show cause notice. The respondents by its order dated 13.6.1985 has given penalty of removal of the petitioner from the service. The petitioner filed civil suit against this order of removal and interim relief appears to have been granted to him. But the petitioner having apprehension that the suit may not be maintainable he preferred the present Special Civil Application before this Court.