JUDGMENT :

Vaibhavi D. Nanavati, J.

1. This appeal under Clause 15 of the Letters Patent is at the instance of the Gujarat Housing Board (original respondent no.2 – herein after referred to as the ‘appellant-Board’) and is directed against the order passed by a learned Single Judge of this Court dated 04.05.2017 in the Special Civil Application No.4202 of 2014 by which the learned Single Judge allowed the writ application filed by the original writ applicant (respondent no.1 herein) and thereby quashed and set aside the report of the Inquiry Officer dated 07.11.2011 along with the impugned order of punishment dated 21.08.2013 with a direction that the original writ applicant (respondent no.1 herein) be treated to be in service till the date of his retirement and he shall be entitled to all the consequential benefits except the arrears of pay for the period from 22.08.2013 to 31.01.2014.

2. The facts giving rise to this appeal may be summarized as under:

2.1 The respondent no.1 joined the service of the appellant- Board as the Additional Assistant Engineer on 17.08.1982. The respondent no.1 was assigned the additional charge of the post of Deputy Executive Engineer for a period between