JUDGMENT :

S.R. Brahmbhatt, J.

Heard the learned counsel for the parties. The petitioner, a retired employee of the State, has moved this Court under Article 226 of the Constitution of India challenging the initiation of Disciplinary proceedings against him, on the ground that charge-sheet could not have been issued at such a belated stage. Therefore, the same is contrary to the principle of natural justice and, therefore, the same deserves to be quashed and set aside.

2. The facts, in brief, deserve to be set out as under in order to appreciate the controversy in this matter.

2.1. The petitioner joined the service in the year 1961. He came to be promoted as Deputy Engineer in 1979. In 1990-1991, the petitioner was required to hold additional charge of the post of Deputy Engineer, Narmada Project Main Canal, Sub Division at Bodeli, Taluka Sankheda, District Vadodara in addition to his work at Sub Division Vaghodia, District Vadodara. Thus, he was discharging dual duties.

2.2. Again in the year 1994, when the petitioner was working as Deputy Engineer Colony Sub Division No.5 at Vadodara, he was holding additional charge of Narmada Project Colony Sub Division No.56 at Bharuch for four mon