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2023 Supreme(Guj) 88

BIREN VAISHNAV
JAGDISHCHANDRA VITHALDAS RAVAL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: DIPEN DESAI.
For the Respondent: DHARITRI PANCHOLI.

JUDGMENT :

BIREN VAISHNAV, J.

1. This petition has been filed under Article 226 of the Constitution of India by the petitioner challenging the order dated 03.02.2015 and also a communication dated 20.12.2017. By the aforesaid communications, the petitioner has been imposed a penalty of reduction in pension of Rs. 5,000/- a month for a period of one year. His request for reconsideration of the same was also rejected.

2. Facts in brief would indicate that while the petitioner was working as a Mamlatdar, from which post he retired on 30.09.2012, a date prior to his retirement, a charge-sheet was issued. The charge-sheet dated 29.09.2012 imputed a misconduct against the petitioner. According to the department, in context of a parcel of land at Iyava Vasna, Survey No. 189/1, the land in question was purchased by one Kamani Chemical Works, a partnership firm and a mutation entry pursuant to such purchase on 10.05.1987, was recorded being Mutation Entry No. 1331. An Entry No. 3262 was recorded on the basis of a dissolution deed of partnership produced by the partners of the firm, seven in number. According to the department, the petitioner issued notices under Section 135-D of the Bombay Lan

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