SHIVSHANKAR JIVRAM PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed seeking quashing and setting aside the orders dated 04.11.2004 and 31.05.2007 imposing 100% reduction of the pension.

(2.) The brief facts of the case are as under:

(3.) Learned advocate Mr.R.D.Kinariwala appearing for the petitioner has submitted that with regard to the allegation of misappropriation, Criminal Case No.1901 of 1995 before the Judicial Magistrate, First Class(JMFC) at Lunavada was filed against the petitioner, in which he came to be acquitted by the Court vide order dated 21.12.1999. He has submitted that pursuant to the said order, the suspension period of the petitioner came to be regularized and ultimately, he came to be retired by the concerned authorities. It is further submitted that the departmental inquiry was also held by the concerned authorities in respect of the alleged misappropriation and as stated in the order dated 03.11.2004, the inquiry report was submitted by the Inquiry Officers on 04.02.1988 but for the reasons best known to the authorities, after a lapse of twelve(12) years and six(6) months, the department sought opinion of the Board with regard to the punishment to be imposed upon the petitioner and the Board advised that in view of the acquittal of the petitioner by the Court, he is to be exonerated from the said charges and accordingly, all subsequent orders were passed by the concerned authorities. He has further submitted that the petitioner was never given a copy of the said report dated 04.02.1988 and no opportunity to meet with the findings of the inquiry report was given and no further action was taken for all these more than twelve(12) years on the said inquiry report.