JUDGMENT:

[Arising out of S. L. P. (C) No.9290 of 2005]

Lokeshwar Singh Panta, J.

Special leave granted.

The appellant-State of Gujarat, challenging the order dated 25.11.2004 of the High Court of Gujarat at Ahmedabad in LPA No. 2477 of 2004 in Special Civil Application No.2479

of 2001, has filed this appeal, whereby the Division Bench of the High Court has affirmed the judgment and order dated 20th March, 2001 passed by the learned Single Judge modifying the delinquent order of penalty imposed on the respondent by the Disciplinary Committee. The relevant facts giving rise to the filing of this appeal are as under:

Anand Acharya alias Bharat Kumar Sadhu, respondent herein, joined the services of the appellant-State and has been serving as a Deputy Collector since 30.03.1993. On 16.12.1995, the respondent was served with a charge sheet on various grounds, which are mentioned below:

a) That, while discharging duties as a Cartographer in School Text Book Board, Gandhinagar, Gujarat, which is under the State Government and during the subsistence of his marriage with Bhavanaben Dave, he entered into immoral relations with his wifes sister, i.e., his sister-in-law, Smitaben Dave, from whom a