IMPORTANT POINT
The court upheld the impugned punishment order as sustainable in the eyes of the law.

JUDGMENT :

1. Present petition is filed by the petitioner under Article 226 of the Constitution of India for the following reliefs.

“(A) Quash and set aside the impugned punishment order dated 31.7.2015, Annexure – A to this petition;

(B) Quash and set aside the order dated 9.11.2015 passed by the respondent authority, Annexure – K to this petition;

(C) Pending admission and final disposal of this petition, the Honourable Court may be pleased to stay the operation, implementation and execution of the impugned punishment order dated 31.7.2015 and

(D) Award the cost of the present petition and

(E) Grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case.”

2. Facts of the present case, in nutshell, are that the petitioner joined the service of respondent – authority on 1.9.2005 on the post of Taluka Development Officer, Class – II, pursuant to the direct selection process initiated by the GPSC. The respondent issued charge-sheet to the petitioner for committing the misconduct while he was posted at Bhachau, District Kachchh – Bhuj from 01.10.2006 to 21.09.2007. The petitioner requested to provide copies of the relevant documents for the purpose of his defence and the respondent communicated to the petitioner vide letter dated 12.07.2012 informing him that cash book, cheque register, audit report etc were not available and therefore the same could not be provided to him and the petitioner was also informed to file his representation within a period of ten days. In response to such communication, the petitioner wrote a letter informing the authority that pursuant to the communication dated 12.07.2012, he had obtained the xerox copies of cheques from Gujarat Gramin Bank, Bhachau, whereby it is evident that he had not withdrawn any amount from the Bank, but the same came to be withdrawn by one Mr. J. N. Thakkar, who was working as the Deputy Accountant Cum Cashier and as a token of receipt, he had even signed on the back side of the cheque. The petitioner had also informed that the misappropriation has been committed by said Mr.Thakkar and even he had admitted the fact of misappropriation and deposited the entire amount. The Inquiry Officer came to be appointed to inquire into the charges leveled against the petitioner and the petitioner has filed representation to the Inquiry Officer and Inquiry Officer submitted his report holding that the charges leveled against the petitioner are proved and thereafter, a show-cause notice came to be issued to the petitioner and he submitted a detailed representation. That after completion of such procedure, a punishment order of stoppage of five increments with future effect came to be passed and, therefore, the petitioner preferred a review application, however, the same was rejected and hence, the present orders are under challenge in this petition.

3. Heard Mr.Vaibhav Vyas, learned counsel appearing for the petitioner and Ms.Nirali Sarda, learned Assistant Government Pleader appearing for the respondent – State of Gujarat.

4. Mr.Vaibhav Vyas, learned counsel appearing for the petitioner has submitted the same facts which are narrated in the memo of petition and has submitted that there is a gross violation of principles of natural justice and the relevant documents, which were necessary for the purpose of defence were not supplied to the petitioner which resulted into serious prejudice to the petitioner. He has submitted that no case worth the name is made out by the respondent against the petitioner and therefore, the charge sheet ought not to have been issued to the petitioner. He has submitted that the respondent has completely lost sight of the fact that Shri Thakkar has not only admitted the misconduct of misappropriation of the amount but also he has deposited substantiate amount along with the interest. He has submitted that there is a gross violation of Rule 9(17) of the Gujarat Civil Service (Disciplin