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2016 Supreme(Guj) 550

V.M.PANCHOLI
K. G. Dave – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Aditya J. Pandya, Advocate.
For the Respondents: Swapneshwar Goutam, AGP.

JUDGMENT :

V.M. Pancholi, J.

1. By way of this petition, the petitioner has prayed to quash and set aside the order dated 16.7.1999 passed by the respondent No. 2-Board imposing penalty of reduction of 40% pension with permanent effect, to declare that the inquiry initiated and conducted under charge sheet dated 29.2.1992 by the Board-respondent No. 2 is without authority and jurisdiction and to declare that the addition of new charges by the Board in the charge sheet was without authority and the whole inquiry was vitiated.

2. The brief facts giving rise to this petition are that the petitioner joined the services in Public Health Engineering Department as Overseer in the year 1957, he was promoted as Executive Engineer in 1971, Superintending Engineer in June 1981 and as Chief Engineer on 7.9.1988 and worked on the said post till he retired on 29.2.1992. That on decision of the State Government to establish a separate board known as "Water Supply and Sewerage Board", an Act known as "Gujarat Water Supply and Sewerage Board Act, 1978 (hereinafter referred to as 'the Act') was enacted which came into force on 6.6.1979. Pursuant to the said establishment, first notification dated 30.3.












































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