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2017 Supreme(Guj) 1832

S.R.BRAHMBHATT
J. R. DAHIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Petitioner:MS HARSHAL N PANDYA, ADVOCATE.
For the Respondent: MR. HARDIK SONI, AGP.

JUDGMENT :

1. Heard learned advocate for the parties.

2. The petitioner, who happened to be the retired Medical officer in the State has approached this Court by way of this petition with following prayers.

“(A) quashing and setting the order dt.27.4.2005 imposing the penalty of monthly pension cut of Rs.300/for 3 years and to direct the respondent to refund all the amount deducted with 10% interest.

(B) During the pendency and final disposal of this petition further implementation of the impugned order dt.27.4.2005 may be stayed.

(C) To grant such other and further relief's as may be deemed fit.”

Thus, what is essentially under challenge is the order of penalty of reduction of his pension by Rs.300/every month for three years vide order dated 27th April 2005 as a result of disciplinary proceedings held against him in respect of misconduct alleged.

3. The facts in brief as could be gathered from the memo of the petition are as under :

3.1 That the petitioner was appointed as Medical Officer on 20th December 1971 and he retired from service on superannuation on 31st January 2002 while holding the post of Superintendent, Class-I, General Hospital, Dhoraji, District Rajkot. A chargesheet was


























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