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2017 Supreme(Guj) 87

S.G.SHAH
R. C. Limbhachiya – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellants : P.P. Majmudar and S.P. Majmudar.
For the Respondent: Swapneshwar Gautam.

JUDGMENT :

S.G. Shah, J.

1. Heard Mr. Krutarth Pandya, learned advocate for Mr. P.P. Majmudar, learned counsel for the petitioner and learned Assistant Government Pleader Mr. Swapneshwar Gautam for the respondent-State. Perused the record.

2. Petitioner has challenged the legality and validity of order dated Nil, copy of which is produced at Annexure H, whereby penalty has been imposed upon the petitioner in the form of suspending his one increment without future effect. Petitioner has, therefore, prayed to quash and set aside such order being order dated Nil showing number DPE/122006/2387/M with reference to the Departmental Inquiry against the present petitioner.

3. It is undisputed fact that petitioner was appointed as Mamlatdar through direct recruitment through Gujarat Public Service Commission in the year 1999. Before that, he was working as Pharmacist and Sales Tax Inspector and, therefore, his total tenure of services has crossed 33 years. Though there are several Departmental Inquiries up-till 2006, there was no cause for complaint against his functioning, as such. However, on 26.12.2006, a charge-sheet was issued for alleged misconduct alleged to have been committed by the pr




























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