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 daughter was born on 13.02.1989, thereby committed an act of moral turpitude in terms of Rule 3(1)(3) and Rule 26 of the Gujarat Civil Services (Conduct) Rules, 1971. Though, no evidence of marriage between the respondent and Smitaben was led on record of the departmental proceedings, yet the name of the respondent is entered to be the father of the girl.

b) That, since the respondent on his own did not inform the Government about the Criminal Miscellaneous Application No. 184 of 1992 pending in the Court of the Metropolitan Magistrate at Ahmedabad and Criminal Case No. 5094/1992 in the Court of the Judicial Magistrate (First Class) at Gandhinagar thereby he committed breach of Rule 18 of the Gujarat Civil Services (Conduct) Rules, 1971.

c) It was also made clear in the charges framed against the respondent, that he, after getting divorce from his wife Bhavanaben and his illicit continuing relationship with

Smitaben, he married Priyaben and from that wedlock, a girl child was born on 08.12.1994.

In the statement of imputation and the charge sheet served on the respondent on 16-12-1995, detailed charges were framed vide Government Memorandum, Revenue Department dated 16.12.1995 mentioned at (1) in the Preamble and after giving an opportunity to file the reply within a period of 30 days to the charges levelled against the

respondent for violation of various Rules of the Gujarat Civil Services (Conduct) Rules, 1971, he was subjected to departmental inquiry. The Inquiry Officer was appointed on 03.01.1998.

The Inquiry Officer found charge [1(a)] not proved, charge [1(b)] having been proved and charge [2] fully proved against the respondent. The Competent Authority, after considering the Inquiry Report and agreeing with the findings of the Inquiry Officer, served a show-cause notice on the respondent asking him to submit a written explanation to the charges proved against him. The written explanation/submission filed by the respondent was found unsatisfactory and not acceptable. Thereafter, considering the seriousness of the charges, the Government in consultation with the Gujarat Public Service Commission, took the decision of removal of the respondent from the Government Service and, accordingly, removed him by Order dated 22.10.1999.

The respondent challenged the order of dismissal by way of a Special Civil Application No. 9487/1999 in the High Court of Gujarat at Ahmedabad. During the pendency of the writ application, the respondent filed a Review Application before the appellant-State on 22.10.1999, which could not be decided by the appellant-State as the matter was sub-judice before the High Court. The respondent withdrew the Special Civil Application No.9487/1999 on 13.09.2000 with a view to get his Review Application decided. The State Go