The court upheld the Tribunal's decision to reduce the petitioner's punishment from removal to compulsory retirement, affirming the adherence to procedural rules in disciplinary proceedings.

JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Heard Ms. Himanshi R. Balodi, learned advocate appearing for the petitioners and Mr. K.M. Antani, learned advocate appearing for the respondent.

2.1. Briefly stated that, the petitioner while, he was working as Clerk at the Labour Court, Amreli, was served with the charge-sheet, with the allegations such as, misbehaving with the Judge in the Court, not maintaining the decorum of the Court, demanding illegal gratification from the parties for giving short adjournment, early hearing of the matter, publication of award, misbehaving with colleagues, resulting in unbecoming of a government servant, contravening rules of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971, the said chargesheet is duly produced at Annexure-A.

2.2. The petitioner made representation to the respondent to supply with the copies of the statement, recorded during the preliminary investigation and the complaint filed by Shri Jayendra Bhikhubhai Rajyaguru against the petitioner, copy of the said letter dated 19.02.2001 is duly produced at Annexure-B. The said letter was replied to, by letter dated 01.03.2001 informing the petitioner that except complaint received from Shri Rajyaguru, no other complaint was made against the petitioner and the time for filing of reply to the charge-sheet came to be extended.

2.3. The petitioner replied to the charge-sheet, denying the allegations levelled against the petitioner, on the basis of the documents supplied to the petitioner, with the charge-sheet and requested to supply the petitioner with the copies of the documents, which may supplied later, if not supplied. Upon recording of the statements of the witnesses, the Presiding Officer submitted brief dated 29.01.2002 and the petitioner also submitted the defense brief in response thereof, by communication / letter dated 07.02.2002.

2.4. On 03.05.2002, show cause notice came to be issued to the petitioner, calling upon the petitioner as to show cause, against the imposition of major penalty provided under Rule-6 sub-rule 4 to 8 of the Gujarat State Service (Discipline and Appeal) Rules, 1971. The report of the inquiry officer dated 30.03.2002 also came to be served to the petitioner alongwith the said notice dated 03.05.2002. The inquiry officer held charges no. 3 to 7 as not proved; charges no. 1 and 2 were held to be proved, whereas, charge no. 8 was held to be proved partly. The petitioner filed written statement on 07.06.2002 in response to the show cause notice dated 03.05.2002.

2.5. The disciplinary authority concurring with the findings of the inquiry officer by its order dated 03.07.2002, held the petitioner guilty and imposed the punishment of removal from service, w.e.f. the date of service of the order, copy of the said order is duly produced at Annexure-G.

2.6. Being aggrieved and dissatisfied with the said order passed in the departmental inquiry initiated pursuant to the charge-sheet dated 06.02.2001, the petitioner preferred Appeal being Appeal No. 212 of 2002 before the Gujarat Civil Services Tribunal, copy of the said memo of appeal is duly produced at Annexure-H. Upon issuance of notice by the Tribunal, the respondent filed reply dated 21.05.2003 to the appeal filed by the petitioner. The Tribunal after hearing the learned advocates appearing for the respective parties, partly allowed the appeal of the petitioner herein, by converting the punishment of removal from service to imposition of punishment of compulsory retirement, by the impugned order dated 20.10.2004, which is duly produced at Annexure-J.

2.7. Being aggrieved and dissatisfied by the orders passed by the departmental authorities in relation to the charge-sheet dated 06.02.2001 and the order dated 20.10.2004 passed by the Tribunal, the petitioner herein has approached this Court under Articles-226 and 227 of the Constitution of India and has prayed for the following reliefs:

“(A) Your Lordships may be pleased to issue writ of certiorari or any other