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SCA/3544/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3544 of 2010
=========================================================
K
G SATHAWARA - Petitioner(s)
Versus
GUJARAT
STATE HANDLOOM AND HANDICRAFT CORPORATION LTD & 1 - Respondent(s)
=========================================================
Appearance :
MR
NIRZAR S DESAI for
Petitioner(s) : 1,
None for Respondent(s) : 1,
GOVERNMENT
PLEADER for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 23/03/2010
ORAL
ORDER
By way of this petition the
petitioner has prayed to quash and set aside the order dated
27.1.2009 and 25.3.2009 and further to direct the Respondents to
regularize the petitioner’s suspension period from 15.2.2003 to
24.9.2003 and treat the petitioner on duty and to pay him the unpaid
salary with 9% interest p.a. from 15.2.2003 till the date of
realization.
The brief facts of the case
are as under :-
2.1
The petitioner was serving as Manager with the respondent
corporation and retired on 30.9.2003 by way of superannuation.
2.2
An incident of 1991 regarding purchase of Cotton Yarn, was
reported in the year 2000 by the Managing Director of the
Corporation to the Vigilance Commission stating that an amount of
Rs. 20,113/- has been paid more than the normal price of Cotton
Yarn.
2.3
An inquiry was conducted and petitioner was penalized. The
petitioner made a representation on 26.9.2003. The standing
committee vide its order dated 18-20/7/2007 held that the petitioner
is guilty for the purchase of Cotton Yarn jointly with other
officers but quashed and set aside the punishment of stoppage of two
increments and recovery of Rs. 20,103/- and petitioner’s punishment
was modified to censure and the petitioner’s suspension period was
ordered to be treated as suspension period. Though several
representations have been made, no reply was received. Hence this
petition.
Heard learned advocates for
the respective parties and perused the documents on record.
From the record it revealed
that during the investigation the petitioner was held guilty for
the purchase of Cotton Yarn jointly with other officers. Thus the
fact remains that the petitioner was found guilty. Yet the concerned
authority has quashed the punishment of stoppage of two increments
and recovery of Rs. 20,103/-. Only the suspension period was ordered
to be treated as suspension period. In that view of the matter the
view taken by the authority is just and proper. No case is made out
to cause interference. This petition is therefore without any merits
and stands disposed of accordingly.
[K.S.Jhaveri,J.]
*Himansu
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