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2021 Supreme(Guj) 921

A.S.SUPEHIA
BIPINCHANDRA KACHRABHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR VAIBHAV A VYAS
For the Respondent: MR RONAK RAVAL

JUDGMENT :

1. The present petition has been filed for following prayers:

    “(A) Quash and set aside the punishment order dated 18.3.2013, Annexure-A to this petition, and (B) Quash and set aside the order dated 3.6.2014, Annexure- B to this petition, and”

2. The brief facts of the case are as under:

    2.1 The petitioner is aggrieved by the order dated 18.03.2013 passed by the respondent authority, whereby the punishment of reduction of pay by five stages for a period of five years with future effect has been imposed upon him. The petitioner had joined the service of the respondent authority on 30.06.1997 on the post of Deputy Collector and is presently serving on the post of Additional Collector. The petitioner was issued a charge-sheet dated 12.11.2010 for the alleged misconduct inter alia stating that while serving as a Deputy Collector, he had passed few orders, which were not in accordance with law and were incorrect. It is the case of the petitioner that the charge-sheet does not contain any allegations against him with regard to extraneous consideration or mala fide motive. After the petitioner submitted his defence statement on 09.12.2010 and after holding of the disciplinary pro

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