M. R. SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Departmental enquiry was instituted against the petitioner while working as Office Superintendent in the Office of the Commissioner of Industries. Gujarat State, vide charge-sheet dated 18-5-1996. He retired on attaining the age of superannuation on 31-3-1997. By the impugned order dated 23-1-1998 Annexure - A under the provisions of the Rule 189-A of the Bombay Civil Services Rules a penalty of reduction in pension of Rs.25/- per month for one year has been inflicted.

(2.) Various contentions have been raised assailing the order imposing the penalty. There is also a grievance with respect to withholding retirement benefits which is subject-matter of another Special Civil Application No. 4609 of 1997. One of the contentions is that the penalty of reduction in pension of Rs. 25/- per month for one year is ex facie illegal as the penalty has been imposed without consulting the Gujarat Public Service Commission. The relevant portion of the Rule 189-A of the B.C.S.R. is extracted as follows:

(3.) Reading of Rule 189-A clearly shows that a right is vested with the Governor of withholding or withdrawing of the pension or any part of it for a specified period subject to certain conditions and one of the conditions is that it can be done only after consultation of the Gujarat Public Service Commission. It is not in dispute that Gujarat Public Service Commission has not been consulted in the instant case. However, the contention of Mr. Bambhania, Government Solicitor s that it is not necessary to consult the Commission in any of the matter specified in paragraph 3 of the Article 320 as provided under the Regulations known as the Gujarat Public Service Commission 10 (Exemption from Consultation) Regulations, 1960. The learned Counsel has invited my attention to Para 22 which provides all other services and posts to which appointments are made by authorities sub-ordinate to Government. In my view the said regulations have no relevance in the present context as the said rules are attracted in a case where there is a requirement of consultation in the matter specified in paragraph (a) and (b) of Article 320 of the Constitution but in case of pensioners a specific provisions has been made under B.C.S.R. for consultation of the Gujarat Public Service Commission. Thus, in my view, the order of inflicting penalty is vitiated as before imposing the penalty, the Gujarat Public Service Commission has not been consulted. Power under Rule 189-A of B.C.S.R. can be invoked by the Governor only after consultation of the Gujarat Public Service Commission.