( 1 ) THE petitioner-State of Gujarat has challenged in this petition filed under Articles 226 / 227 of the constitution of India the impugned judgment and order dated 7. 12. 1993 passed by the Gujarat Civil Services tribunal, Gandhinagar (for short "the Tribunal") partly allowing the Appeal No. 167/93 filed by the respondent-original appellant before it whereby the learned Tribunal interfered with the order of penalty imposed against the respondent-original appellant and reduced the penalty from dismissal to reducing to a lower stage in time scale of pay which the petitioner was getting on the date of his suspension for a period of 5 years with a direction that he shall not earn any increment of pay during the period of such reduction and with further direction that on the expiry of such period of 5 years the reduction will not have the effect of postponing the further increment of pay.

( 2 ) THE respondent-original appellant had joined service in the Revenue Department on 8. 11. 1965. In 1985 he was deputed as Godown Manager at Dahod in Panchmahals district under Gujarat State Civil Supplies Corporation ltd. There was a joint checking of stock in godown done by r