LAWS(GJH)-2018-5-6

NATVARLAL MOTILAL CHAVDA Vs. STATE OF GUJARAT

Decided On May 01, 2018
NATVARLAL MOTILAL CHAVDA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This Letters Patent Appeal arises out of an oral judgement dated 05.10.2016 passed by the learned Single Judge. The appellant was the original petitioner who filed the writ petition before the learned Single Judge being Special Civil Application No. 14975 of 2005 challenging an order of imposition of penalty pursuant to departmental proceedings held against him. The learned Single Judge while quashing the order of penalty, remitted the matter to the State Government for fresh consideration under Rule 10(2) of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971.

(2.) The undisputed facts which give rise to the present appeal, as recorded in the impugned judgment passed by the learned Single Judge, are as under:

(3.) As is evident from the above stated facts, the appellant's chance of being nominated to the Indian Administrative Service cadre got marred as a result of the withdrawing of integrity certificate. Such integrity certificate was withdrawn as a result of a charge-sheet dated 25.05.2004, which was served on the petitioner levelling seven charges against him. The learned Single Judge in the order impugned herein has reproduced the entire charge-sheet and therefore the same is not again reproduced here so as to avoid repetition.