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2015 Supreme(Guj) 647

ABHILASHA KUMARI
UPENDRA R. SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
MR SHAKTI S JADEJA, ADVOCATE FOR MR SP MAJMUDAR, ADVOCATE for the Petitioner
MR DM DEVNANI, ASSISTANT GOVERNMENT PLEADER for the Respondents

JUDGMENT

1. The challenge in this petition preferred under Article 226 of the Constitution of India, is twofold. The first challenge is made to the order dated 18.11.2005, passed by the Disciplinary Authority, whereby the penalty of reduction of one increment in the pay being drawn by the petitioner in the pay-scale of Rs.5500-175-9000, for one year, with future effect, has been imposed pursuant to departmental proceedings initiated against him. The second order impugned in the petition is dated 20.01.2007, passed by respondent No.3, whereby the request of the petitioner to regularize the period of suspension with effect from 04.10.2001 to 27.12.2005, has been rejected.

2. Briefly stated, the relevant facts of the case as emerging from the record are that, the petitioner was working as a Senior Clerk under respondent No.2, Deputy Commissioner of Sales Tax, Bhavnagar. During the course of his service, the petitioner was placed under suspension by an order dated 04.10.2001, passed by respondent No.3. Thereafter, the petitioner was served a chargesheet dated 22.04.2003. The single charge against the petitioner was that the petitioner did not deposit an amount of Rs.1,16,255/towards tel


































































































































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