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SCA/8681/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8681 of 2011
=========================================================
T
K PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH ADDITIONAL CHIEF SECRETARY & 1 - Respondent(s)
=========================================================
Appearance
:
MR.ALOK
M THAKKAR for
Petitioner(s) : 1,
MR AL SHARMA AGP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 14/07/2011
ORAL
ORDER
Heard
learned advocate Mr. AM Thakkar on behalf of petitioner, learned AGP
Mr. AL Sharma appearing for respondent State.
In
present petition, prayer is made by petitioner to declare that
respondents are not entitled to initiate any departmental
proceedings against petitioner in May, 2009 for an incident which
happened in the year 1996-97 and also to hold that action of
initiating and continuing with departmental proceeding against
petitioner for incident of 1996-97 and withholding pensionary and
other retirement benefits to petitioner on the ground of pendency of
such departmental proceeding is illegal, arbitrary and to set aside
charge sheet dated 03/06/2009. The charge sheet is at page 12 dated
03/06/2009. Apparently, charge which has been levelled against
petitioner are relating to financial irregularities committed by
petitioner. In respect to pensionary benefit as per Gujarat Civil
Services Pension Rules, 2002, Rule 24, departmental inquiry shall
remain continue after retirement and for that whether pension is
required to be reduced or not? The show cause notice has been served
to petitioner. Against which, detailed reply has been submitted by
petitioner on 13/7/2009 at page 17.
Learned
advocate Mr. Thakkar submitted that departmental inquiry is not
still commenced even reply has been submitted on 13/7/2009, though
more than two years have passed. Therefore, he submitted that some
suitable directions may be issued to Inquiry Officer/Competent
Authority. So, they may complete inquiry as early as possible
within reasonable time. The date of retirement of petitioner is
31/8/2015.
Learned
AGP Mr. AL Sharma appearing for respondent submitted that after
receiving reply from petitioner now authority will appoint Inquiry
Officer according to Rules. If petitioner wants early hearing of
departmental inquiry then he may file necessary application before
Competent authority/Inquiry Officer to complete inquiry as early as
possible within reasonable time.
In
view of above facts and circumstances and considering question that
after submitting reply more than two years have passed, but till
date no departmental inquiry is initiated by Competent
authority/Inquiry Officer. Therefore, let petitioner may file one
application with a request to Competent Authority/Inquiry Officer to
complete such departmental inquiry against petitioner as early as
possible within some reasonable time. So mental agony of petitioner
is not remained continued unnecessary for long period.
As
and when Competent authority/Inquiry Officer receive such
application, it is directed to both authority to consider such
application made by petitioner and also considering fact that
incident is of 1997. The charge sheet has been served on
03/06/2009, which has been replied on 13/7/2009 more than two years
have passed till today no departmental inquiry is commenced by
authorities.
Therefore,
let Competent authority/ Inquiry Officer may consider it
sympathetically and to see that departmental inquiry must have been
commenced as early as possible and to be completed at least within
reasonable time and to see that departmental inquiry is not to be
prolong unnecessarily. If possible, departmental inquiry must have
to be over within a period of one year from date of receiving copy
of such application from petitioner and petitioner must have to
cooperate such inquiry to Competent authority/ Inquiry Officer.
It
is open for petitioner to raise all contentions which has been
raised before this Court in present petition before Inquiry
Officer/Competent authority. It is also directed to Inquiry
Officer/Competent authority to consider such contentions and to
examine grievance of petitioner and to decide it along with
completion of departmental inquiry.
In
view of above observation and directions, present petition is
disposed of by this Court without expressing any opinion on merits.
Direct service is permitted.
(H.K.RATHOD,
J)
asma
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