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2021 Supreme(Guj) 1142

A. S. SUPEHIA
CHATURBHAI H DHALWANIA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR SP MAJMUDAR, MR. NISHIT P GANDHI
For The Respondent: MR ADITYASINH JADEJA, AGP, MR HS MUNSHAW

JUDGMENT :

1. In the present writ petition, the petitioner has sought a direction for quashing and setting aside the impugned order dated 02.01.2013 passed by the respondent No.4 as well as the inquiry report dated 18.01.2011. By the impugned order dated 02.01.2013, the petitioner has been imposed penalty of stoppage of two increments with future effect. It is not disputed that the aforesaid penalty falls within the “major penalty” as specified in the Gujarat Panchayat Service (Discipline and Appeal) Rules, 1967.

2.1 Learned advocate Mr.Nishit P. Gandhi appearing for the petitioner, at the outset, has submitted that the impugned order is required to be quashed and set aside on the ground of delay in initiation and completion of the departmental proceedings, since despite the directions issued by this Court in the order dated 19.02.2002 passed in Special Civil Application No.10934 of 2001 directing the respondent to complete the departmental proceedings preferably within a period of six months, the inquiry was prolonged for almost 10 years. In support of his submissions, he has placed reliance on the decision of this Court in the case of Kiritbhai Shankar Patel vs. State of Gujarat, 2

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