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2004 Supreme(Guj) 681

M.S.SHAH
RAMANBHAI PARSHOTTAMBHAI HARIJAN – Appellant
Versus
DISTRICT DEVELOPMENT OFFICER – Respondent


Advocates Appeared: H.S.MUNSHAW, Mita S.Panchal, PRANAV G.DESAID.S.PANDIT, RAJESH K.SHAH

M. S. SHAH, J.

( 1 ) THE petitioner was appointed as a Talati-cum-Mantri in the year 1971. In 1988, the petitioner was suspended on the ground that the petitioner had committed misappropriation of a sum of Rs. 2175. 00. A criminal case was filed against the petitioner and the petitioner was charge sheeted in Criminal Case No. 622 of 1989. However, by judgment dated 23. 4. 1992, the petitioner was acquitted. While the petitioner came to be reinstated in service in view of the aforesaid order of acquittal, the Deputy District Development Officer, Surat i. e. the disciplinary authority held departmental inquiry and passed order dated 3. 3. 1993 under Rule 5 (4) of the Gujarat Panchayat (Disciplinary and Appeal) Rules, 1964 imposing the penalty of stoppage of two increments with future effect. The Deputy District Development Officer also passed order dated 30. 6. 1993 regularizing the period of suspension from 12. 5. 1988 to 7. 4. 1993 as period of leave under Rule 152 of the BCSR. Thereafter, the Taluka Development Officer, Valsad passed consequential order dated 29. 6. 1995 (Annexure "b") regularizing the period of suspension as leave without pay between 27. 3. 1989 to 7. 4. 1993 afte











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