Judgment

Nanavati, J.-This appeal arises out of the judgment and order passed by the High Court of Gujarat in Special Civil Application No. 6671 of 1997. The High Court upheld the order of the Gujarat Secondary Educa­tion Tribunal whereby the order of dismissal of respondent No. 1 passed by the appellant was set aside, but modified the substituted order of stoppage of one increment with future effect by directing stoppage of two increments with future effect.

Respondent No. 1 was earlier working as a teacher in Pallavi Vidya­laya. He was declared a surplus teacher on closure of that institution in 1988. Under direction of the Director of Education he was absorbed on 25.11.1988 as a teacher in Durga Vidyalaya run by appellant No. 1. While joining this new School, respondent No. 1 did not produce his service book nor was it forwarded by Pallavi Vidyalaya to Durga Vidya­laya. He was, however, paid his salary in the revised pay scale of Rs. 1400-2600 as per the last pay certificate submitted by him. Durga Vidyalaya had earlier told him to produce his service book as it was necessary for it to verify fixation of his pay and obtain grant from the Government. He did not produce it but Palla