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State of Gujarat – Appellant
Versus
Ravjibhai Chhaganbhai Sidhpara – Respondent
JUDGMENT :
1. For the purposes of this judgment, facts of Special Civil Application No.1542 of 2019 will be considered.
2. State of Gujarat is in appeal against the order of the Gujarat Civil Services Tribunal, Gandhinagar, dated 13.03.2018, by which, the Tribunal has modified the order of compulsory retirement inflicted on the respondent on 01.06.2015 to that of three increments with future effect.
3. Facts in brief would indicate that the respondent no.1 was working as a clerk in the office of the Mamlatdar on being declared surplus, he was reappointed as a clerk with the Government Polytechnic at Porbandar. He was thereafter promoted as a senior clerk on 21.11.1995. On 23.07.2002, the petitioner was transferred to the Government Engineering College, Bhuj. For having remained absent for a period of 528 days without permission, for the period from 01.09.2003 to 10.02.2005, the petitioner was inflicted with the penalty of stoppage of two increments with future effect by an order dated 10.09.2007. It appears that thereafter, for leave for the period from 22.05.2009 to 08.06.2010, departmental proceedings were initiated against the petitioner by issuing a notice on 21.05.2010. A departm
Declaring a period of absence as 'dies non' is an administrative accounting measure for service records, not a disciplinary penalty. It does not constitute condonation of misconduct, and thus, does n....
Prolonged unauthorised absence (686 days) from time-bound duties without leave or substitute is serious misconduct proved by guilty plea; discharge with benefits proportionate, not interfering unless....
Judicial review in disciplinary matters is restricted; courts shall not act as appellate bodies to re-evaluate evidence of unauthorized absence or substitute the penalty imposed by a competent author....
The court upheld the disciplinary authority's decision to impose a 100% pension cut for unauthorized absence, emphasizing the importance of discipline in public service.
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