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LPA/2184/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2184 of 2010
In
SPECIAL
CIVIL APPLICATION No. 4184 of 2010
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DAHYABHAI
DHUDHABHAI PRAJAPATI - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
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Appearance :
MR
IS SUPEHIA for
Appellant.
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 30/09/2010 ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
1 In
the departmental inquiry, the appellant having been found guilty to
cause loss to the State exchequer to the tune of Rs.5,95,702 on
account of his negligence, the respondent-authority imposed penalty
of deduction of Rs.500/- per month from the pension of the appellant
for a period of five years. The learned Single Judge having noticed
the aforesaid fact of recovery to the extent of Rs.30,000/- dismissed
the writ petition, giving rise to the present appeal.
2 The
brief facts of the case are that the appellant was working as Office
Superintendent under the respondents. He was served with chargesheet
on 24th January 2006 on two grounds, namely,
[i] while
he was holding the additional charge of the post of Administrative
Officer on 1st June 2002, an amount of Rs.5,95,702 was
stolen by some one; and
[ii] the
appellant misappropriated money by withdrawing his salary before
the date of payment.
3 The
Inquiry Officer conducted inquiry giving opportunity to the appellant
and by his report dated 4th June 2007 held that charge
No.1 is proved against the appellant and further held that charge
No.2 was not found proved. A copy of the inquiry report has been
forwarded to the appellant by letter dated 6th June 2007
asking him to make representation and on receipt of representation
dated 18th June 2007, the authorities imposed penalty of
reduction in pay by five stages upto the date of superannuation on
31st August 2008 with effect from 1st August
2007.
4 The
appellant challenged the aforesaid order before the Gujarat Civil
Services Tribunal, Gandhinagar, in Appeal No.285 of 2007 and by order
dated 23rd June 2008 the Tribunal set aside the order
dated 7th July 2007 and remitted matter to the authority.
Subsequently, the appellant having retired superannuated on 31st
August 2008. When the matter was taken up, the appellant having been
found guilty of the first charge of loss to State exchequer of
Rs.5.95,702/-, in terms of the pension rules, the Authority imposed
penalty of deduction of Rs.500/- per month from the pension of the
appellant for a period of five years.
5 Learned
counsel appearing on behalf of appellant would submit that the
penalty is more harsh than the earlier one as was imposed, but such
submission cannot be accepted. As earlier the punishment was imposed
as per the disciplinary rules and after the retirement as the
authority was not empowered to impose any punishment, they passed
order under the pension rules reducing the pension, it will be a
meagre part of the total loss to the State exchequer. We find no
ground made out to interfere with the order passed by the learned
Single Judge. In absence of any merit, this appeal is dismissed.
[S.J.
MUKHOPADHAYA, C.J.]
[K.M.
THAKER, J.]
(swamy)
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