Y.V.SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed challenging the order dated 30.08.2001 inflicting the punishment of fine of Rs.3,75,000/- on the petitioner under Section 40(A)(2) of the GIDC (Staff) Regulations, 1963 and also the order dated 31.08.2004 rejecting his appeal of the petitioner.

(2.) The petitioner was served with a charge-sheet on 15.04.1997 inter alia alleging that due to his negligence in constructing Block No.8, which resulted into its collapse and because of collapse of the said block, financial loss was caused to the Gujarat Industrial Development Corporation ('the Corporation' for short). There were two charges leveled against the petitioner in this regard, wherein the charge no.2 pertains to lack of attention pertaining to his work by the petitioner as an Executive Engineer and thereby, he was negligent in his duty. After holding a departmental inquiry, the Inquiry Officer vide its report dated 14.08.2000, proved the charges against the petitioner.

(3.) At the outset, learned advocate Mr.Pranav G. Desai appearing for the petitioner has submitted that the petitioner has retired from service on 31.08.2000 on attaining the age of superannuation, and the impugned order is passed after the superannuation of the petitioner recovering fine from the retirement benefits which is illegal. He has invited the attention of this Court to the communication dated 11.08.1997, wherein the petitioner has specifically made a grievance against the appointment of Inquiry Officer Shri K.B.Bhagat since he was the approving authority of the design of Block No.8, which ultimately had collapsed.