D.G.GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed seeking quashing and setting aside of the punishment order dated 20.06.2007 passed by the Disciplinary Authority imposing minor penalty of stoppage of one (1) increment without future effect and treat the period of suspension from 21.11.2001 to 17.12.2003 as a duty period for all purposes with all the consequential benefits.

(2.) At the outset, learned advocate Mr.Vaibhav Vyas for the petitioner has submitted that the petitioner is aggrieved with the action of treating his suspension period as such on the basis of the minor penalty. He has submitted that in order to see that the suspension of the petitioner is not treated as a duty, the respondent authority has imposed a minor penalty of stoppage of one (1) increment, without future effect. It is submitted that no show-cause notice has been provided as required under Rule 152 of BCSR (New Rule 70) of the Gujarat Civil Services (Joining Time, Payment during Suspension, Dismissal and Removal) Rules, 2002.

(3.) Per contra, learned Assistant Government Pleader Mr.Swapneshwar Goutam for the respondent authority has submitted that no interference is required in the impugned punishment order imposing a minor penalty as well as treating the suspension period as such. He has submitted that the Disciplinary Authority has considered the representation filed by the petitioner to the show-cause notice issued upon him and after considering the relevant facts, the Disciplinary Authority has imposed minor penalty. Thus, he has submitted that this court may not be interfere with the impugned punishment order.