N B PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge has been made by the petitioner in this Special Civil Application to the order of respondent company dated 29th November, 1985 under which the penalty of withholding the promotion of the petitioner for a period of six months from the date of the order has been imposed. On 29th of November, 1985 when the order of penalty has been passed, the petitioner was holding the post of Superintending Engineer in the public works Department, Government of Gujarat. The petitioner has retired from the service on attaining the age of superannuation on 30th April, 1986 i.e., within five months from the date of imposition of penalty.

(2.) The learned counsel for the petitioner challenging the legality and propriety of the impugned order has raised two fold contentions. Firstly it is contended that the Enquiry Officer has not found any of the charges levelled against the petitioner proved and though the disciplinary Authority was competent to disagree with the finding of the Enquiry Officer and to record its own finding on the basis of the material on the record, but before doing so, it has failed to make know the grounds of its disagreement with the Enquiry Officer's report and to give the proper opportunity to the delinquent officer to submit his explanation which procedure precisely has not been followed in the present case and straightaway the order impugned in the Special Civil Application has been passed. This order being against the basic Principle of Natural Justice, the same deserves to be set aside by this Court only this ground.

(3.) It is next contended that whatever the fault and illegality found in the working of the petitioner in the matter of calling of tender, that action has been approved by the District Panchayat and as such it cannot be said to be the acts of misconduct of the petitioner.