RAMANLAL C RANA Vs. STATE OF GUJRAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is questioning the decision of the respondent-Municipality and thereafter, Director of Municipalities, in passing the order of dismissal of the petitioner on the post of Sanitary Inspector in Dabhoi Municipality. The petitioner has prayed as under:-

(2.) The facts in brief are as under:-

(3.) Learned Advocate for the petitioner has submitted that the order of dismissal cannot be sustained on the ground that entire proceedings of initiating the inquiry and the order of punishment is without jurisdiction. It is submitted that the Municipality is the employer and therefore, it was open only for the Municipality to initiate the action, initiate the inquiry and inflict punishment. It is submitted that in the instant case, it is the President of the Municipality and the Chief Officer of the Municipality who have taken such action, therefore, there is lack of jurisdiction in taking the action. He has submitted that even on merits, the evidence before the Inquiry Officer was not sufficient to hold the charges against the petitioner. He submitted that the affidavits on which reliance is placed by the Inquiry Officer were the affidavits which were taken under duress and the deponents of such affidavits have not supported the case before the Inquiry Officer. He has lastly submitted that the petitioner had already attained the age of superannuation and therefore, even if the inquiry charges are considered to be proved, this Court may consider the passage of time and the charge not being of a serious nature and his previous service record and benevolently consider for lesser punishment.