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1992 Supreme(Guj) 26

A.N.DIVECHA
B. M. PATEL – Appellant
Versus
K. K. MANKAD,superintendent ENGINEER – Respondent


Advocates Appeared: BHUPENDRA J.SHELAT, D.G.CHAUHAN, NALIN K.THAKKAR

A. N. DIVECHA, J.

( 1 ) 1 Is it necessary to record reasons in support of an order imposing a minor penalty on an employee found guilty of some misconduct ? This is one of the main questions arising in this petition under Article 226 of the Constitution of India challenging the legality and validity of the order passed by respondent No. 2 on 7/01/1981 imposing on the petitioner the penalty of withholding of one increment without any future effect in exercise of the powers vested under Rule 7 (4) of the Gujarat Civil Service (Discipline and Appeal) Rules 1971 (the Discipline Rules for brief ).

( 2 ) THE facts giving rise to this petition may be summarised thus : The petitioner was appointed as Junior Engineer in the Public Health Engineering Department at 01pad sometime in 1971. It is not in dispute that it was and is a Class-II gazetted post He was transferred from Bharuch to Jambusar in May 1976 in the Public Health Sanitary sub-division headed by respondent No. 3 at the relevant time. It appears that the petitioners headquarters were shifted from Jambusar to Vagra by respondent No. 2 vide his order of 17/11/1979. It appears that the petitioners headquarters were re-shifted from Va

















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