ZAMUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition under Articles 14, 16 and 226 of the Constitution of India has been filed by the petitioner being aggrieved and dissatisfied with the order dated 19/21.01.2013 passed by the respondent No. 2 - Additional Development Commissioner, Gandhinagar in Dispute Application No. 11 of 2012 by which, the period between 16.02.2001 and 30.06.2003 i.e. the period during which the petitioner remained under suspension, has not been considered as on duty. By the said order, the order (dated 25.06.2008) of deducting Rs. 500/- per month permanently from the pension of the petitioner also came to be upheld. The petitioner has also challenged the order dated 25.06.2008 passed by the Secretary, Panchayats, Rural Housing and Rural Development, Gandhinagar by which, aforesaid order imposing penalty of deduction of Rs. 500/- per month from the pension of the petitioner was made.

(2.) Heard, Mr. Sonar, the learned advocate appearing on behalf of the petitioner and Mr. H.S. Munshaw, the learned advocate For the Respondent No. 4 and Ms. Asmita Patel, the learned Assistant Government Pleader For the Respondent Nos. 1, 2 and 3 - State.

(3.) The learned advocate For the Petitioner has mainly contended that the petitioner was inflicted punishment of dismissal after conclusion of inquiry in the first round and a recovery of Rs. 57,500/- was sought from the petitioner, however, by order dated 05.09.2003 passed by this Court in Special Civil Application No. 3586 of 2003, the petitioner was permitted to file appeal before the Development Commissioner. Accordingly, in the application preferred by the present petitioner, the Additional Development Commissioner, Gujarat State passed order dated 19.01.2004 and while quashing and setting aside the order dated 16.02.2001, remitted the case of the petitioner back to the disciplinary authority. It is submitted that pending departmental inquiry, the petitioner attained the age of superannuation and accordingly, by order dated 25.02.2004, passed by the respondent No. 4, the petitioner was permitted to retire w.e.f. 30.06.2003 subject to inquiry as well as provisions of Section 189-A of the Bombay Civil Services Rules. Thereafter, fresh inquiry was conducted and the inquiry officer submitted his report. On the issue of quantum of penalty, the Gujarat Panchayat Service Selection Board was also consulted and thereafter, a proposal was forwarded to respondent No. 1 on 01.03.2007 for taking appropriate decision with respect to penalty to be imposed upon the petitioner as the charges were proved. Accordingly, the respondent No. 1, by order dated 25.06.2008, passed an order with respect to imposition of penalty of cut of Rs. 500/- per month from the pensionary benefits of petitioner with permanent effect and consequntly, the respondent No. 4 passed a formal order on 10.07.2008. The issue regarding regularization of period of suspension i.e. 16.02.2001 to 30.06.2003 was under consideration and by order dated 26.11.2008, it was decided that the said period be treated as suspension period only.