JUDGMENT :

1. By way of this petition, the petitioner challenges punishment order dated 27.06.2014 passed by the State Government, whereby the punishment of reduction in pension by Rs. 500/-per month for a period of three years came to be imposed upon the petitioner.

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

2.1 The petitioner had joined the service of the respondent authority on 14.11.1968. The petitioner has retired from service on attaining the age of superannuation on 31.05.2006.

2.2 While the petitioner was in the service of the respondent authority, the petitioner was served with a charge-sheet dated 09.04.2003 for the alleged misconduct committed by the petitioner. Thereafter, the respondent authority had also filed a Criminal Case against the petitioner for the commission of the alleged offence punishable under Section 409 of the Indian Penal Code, 1860 in connection with the said misconduct with Anand Rural Police Station, wherein the charge-sheet was filed by the investigating officer and the said case was registered as Criminal Case No: 774 of 2002 before the Court of Chief Judicial Magistrate at Anand.

2.3 After issuance of the charge-sheet to the petitioner, the departmental inquiry was instituted against the petitioner, wherein the inquiry officer came to be appointed by the respondent authority to conduct the departmental inquiry against him. It is the case of the petitioner that during the course of the departmental inquiry, no witnesses were examined by the inquiry officer and no evidence was recorded and without recording any evidence and without examining any witnesses, the inquiry officer straightway submitted his inquiry report in a sealed cover along with the letter dated 12.09.2005. From the record of the inquiry, it is revealed that as the criminal case was also pending against the petitioner for the same charges, the report of the inquiry officer was kept in a sealed cover and the said sealed cover was opened on 01.02.2012. The inquiry officer had submitted the inquiry report holding that the charge levelled against the petitioner was proved subject to the decision by the competent Court in the Criminal case registered against the petitioner. However, inspite of the fact that the Criminal Case was pending against the petitioner, the petitioner was issued a show cause notice dated 29.02.2012 along with the inquiry report calling upon the petitioner to show cause as to why the punishment of reduction in pension be not imposed upon the petitioner. Thereafter, the petitioner submitted a detailed reply to the said show cause notice on 19.03.2012.

2.4. Thereafter as per the Rules, the respondent authority consulted the Gujarat Panchayat Service Selection Board and sought advise of the Board on the proposed quantum of punishment of reduction of pension by Rs. 100/-for a period of one year. The Board did not concur with the respondent authority on the quantum of punishment and instead recommended punishment of reduction in pension by Rs. 500/-for a period of 3 years.

2.5. In the meantime, the petitioner came to be acquitted of the charges leveled against him in the above referred Criminal Case No. 774 of 2002 by way of judgment and order of acquittal dated 30.12.2013 passed by the Court of Chief Judicial Magistrate, Anand. It is pertinent to note that the said acquittal was recorded by the Trial Court after taking into consideration and appreciating in detail, all the evidences produced by the prosecution.

2.6 Thereafter, the State Government passed the impugned punishment order dated 27.6.2014, as per the recommendations of the Gujarat Panchayat Services Selection Board, whereby the pension of the petitioner is ordered to be reduced by Rs. 500/- per month for a period of 3 years.

2.7. Thereafter, a consequential order came to be passed by the respondent authority on 12.08.2014. Being aggrieved by the said orders dated 27.06.2014 and 12.08.2014, the petitioner had preferred an appeal before the Development