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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Bhargav D. Karia, J.
Sanjay Jagdishbhai Bhaty – Petitioner
Versus
Kandla Port Trust – Respondent
R/Special Civil Application No. 10925 of 2015 with Civil Application (For Direction) No. 1 of 2017
Decided On : 29-10-2021
Constitution of India,1950 – Article 226 – Indian Penal Code,1860 - Section 406, 420, 467, 468, 471, 385, 389 and 506(2) - Prevention of Corruption Act - Sections 13(1)(c)(d) (i, ii and iii) – Corruption - Criminal conspiracy – Fraud - Petitioner was appointed by the Respondent-KPT as Trade Promotion-cum-Public Relation Officer with effect in the General Administration Department of Port - Petitioner discharged his functions on the post on which he was appointed in year without any difficulty - It appears that petitioner made a complaint before the Chief Vigilance Commission with subject, “Petition for CBI inquiry against one for fraud, cheating, criminal conspiracy and corruptions committed at Kandla Port Trust to the tune of 1000 Crore in Dredging Contract - After petitioner made disclosure to CVC about such alleged scam - CVC forwarded the complaint of petitioner to Respondent-KPT for taking necessary actions - Respondent-PKT by letter called upon the petitioner to confirm that complaint had been lodged by the petitioner or otherwise so as to verify same as per the CVC norms - Whether it intends to conduct inquiry under Rules or under Act as case may be.
Finding of the Court:
Respondent-KPT could not have passed the order of dismissal from service of the petitioner after passing the order of removal from service - Impugned order is required to be quashed and set aside and matter is required to be remanded back to Disciplinary Authority to reconsider case of the petitioner to impose minor penalty/punishment as indicated herein above of withholding of annual / yearly increment of the petitioner with future effect - In view of foregoing reasons the order is also required to be quashed and set aside and the matter is required to be remanded back to Disciplinary Authority to impose minor punishment or penalty under Regulation 9(xv) of Regulations, 2004 of withholding annual/yearly increment of the petitioner with future effect - While so doing, the petitioner is directed to discharge his duties diligently with respondent-KPT and is cautioned not to act as a ‘Whistle Blower’ without any basis - Petitioner is also precluded from making any complaint/disclosure against officers of the respondent-KPT in future without any substantive material or evidence in his possession.
Result: Petition is allowed
JUDGMENT :
1. Heard, learned Advocate Mr. A.K. Clerk assisted by the learned Advocate Ms. G.R. Vijayalakshmi and the learned Senior Advocate Mr. Mihir Joshi assisted by the learned Advocate Mr. Dhaval D. Vyas for the Respondent - Kandla Port Trust (in brief ‘KPT’).
2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :
A. Your Lordships may be pleased to admit and allow the present Petition.
B. Your Lordships may be pleased to quash and set aside the impugned Order of Suspension dated 15.06.2015 passed by the Dy. Chairman, KPT against the present Petitioner.
“BB. YOUR LORDSHIPS may pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction to quash and set aside the proposed illegal and arbitrary order of removal from service passed during the pendency of Special Civil Application No.10925 of 2015, passed by the Chairman, Kandla Port Trust.
BBB YOUR LORDSHIPS may pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction to quash and set aside the order dated 14th February, 2017 No.: KPV/03-A/03-15/128 rejecting the plea made in the representation dated 17.01.2017; BBBB YOUR LORDSHIPS may be pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction to quash and set aside the Order No.KPV/01-A/04 -15/477 dated 6" Jul 2017 passed by the Chairman, Kandla Port Trust whereby the petitioner is ordered to be removed from service.
BBBBB YOUR LORDSHIPS may be pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction to quash and set aside the Articles of Charge contained in Memorandum No.KPV/01-A/04- 15/2227 dated 27" July 2015 issued by the Chairman, Kandla Port Trust as well as the Inquiry Report dated 24.11.2016 submitted by the Inquiry Officer.
BBBBBB. YOUR LORDSHIPS may be pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction to hold and declare that the Chairman, Kandla Port Trust has no power, authority or competence or jurisdiction to pass a second order of dismissal against the petitioner and further be pleased to quash and set aside the Order No.KPC/4082-Vig/1524 dated 14.09.2018 passed by the Chairman, Kandla Port Trust whereby the petitioner is ordered to be dismissed from service and further be pleased to quash and set aside the Articles of Charge contained in Memorandum No.KPC/4028-Vig/158 dated 18.02.2016 issued by the Chairman, Kandla Port Trust as well as the Inquiry Report dated 05.11.2016 submitted by the Inquiry Officer.
C. Your Lordships may be pleased to quash and set aside the five show Cause Notices (Memorandums) issued by the Respondent to the present Petitioner on 29.05.2015.
CC YOUR LORDSHIPS may pleased to stay and suspend the implementation, execution and operation of the proposed order of removal from service passed by the by the Chairman, Kandla Port Trust during the pendency and final disposal of Special Civil Application N-.10925 of 2015.
CCC YOUR LORDSHIPS may pleased to stay and suspend the implementation, execution and operation of the order dated 14th February, 2017 No.: KPV/03-A/03-15/128 rejecting the plea made in the representation dated 17.01.2017 during the pendency and final disposal of Special Civil Application No.10925 of 2015;
CCCC YOUR LORDSHIPS may be pleased to stay the operation _and implementation of the Order No.KPC/4082-Vig/1524 date 14.09.2018 passed by the Chairman, Kandla Port Trust and further restraining the respondent authorities from interfering with the discharge of duties by the petitioner as Trade Promotion & Public Relations Officer and Officer in charge — B.D.C.
CCCCC YOUR LORDSHIPS may be pleased to restrain the respondent authorities from passing any further order imposing any penalties and/or taking any punitive action against the petitioner pursuant to the enquiry reports submitted by the Inquiry Offic
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