C/SCA/1032/2012 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 1032 of 2012

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE A.S. SUPEHIA

Sd/-

1 Whether Reporters of Local Papers may be allowed to

see the judgment ?

NO

2 To be referred to the Reporter or not ?

YES

3 Whether their Lordships wish to see the fair copy of the

judgment ?

NO

4 Whether this case involves a substantial question of law

as to the interpretation of the Constitution of India or any

order made thereunder ?

NO

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D M GAJJAR

Versus

STATE OF GUJARAT & 1 other(s)

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Appearance:

A B PATEL(7467) for the Petitioner(s) No. 1

MR ADITYASINH JADEJA, AGP for the Respondent(s) No. 1

MR DG SHUKLA(1998) for the Respondent(s) No. 2

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CORAM: HONOURABLE MR.JUSTICE A.S. SUPEHIA

Date : 02/12/2019

ORAL JUDGMENT

1.

The present writ petition has been filed seeking quashing and

setting aside the order dated 14.12.2011 passed by the respondent no.1

withholding the entire pension of the petitioner.

2.

The brief facts of the case leading to the filing of the present writ

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C/SCA/1032/2012 JUDGMENT

petition are as under:

2.1.

It is the case of the petitioner that the petitioner was serving as a

Deputy Mamlatdar (Revenue), at Sanand, District-Ahmedabad, during

the year 2001. At the fag end of his career, he was served with a charge-

sheet dated 01.03.2008 issued by the respondent no.1 for the alleged

incident of 30.07.2001. The petitioner received the charge-sheet on

12.03.2008, however, it is alleged that he had not received a copy of S.R.

Register mentioned as item no.7 in the list of documents.

2.2.

Basically the charge levelled against the petitioner was to the effect

that the petitioner did not carry out necessary procedure and inquiry

before issuance of certificate of small/marginal farmer to one Shri

Bhavikkumar Bharvad on 30.07.2001 thereby causing loss of

Rs.85,49,730/- towards stamp duty in the sale transaction done by Shri

Bhavikkumar Bharvad.

2.3.

The petitioner submitted a detailed reply to the charge-sheet dated

01.03.2008 and pointed out that no illegality or irregularity was

committed by him and that he had not issued the certificate in question

and that there cannot be a record of another revenue village hence, in

absence of any machinery to find out holding of land by a particular

farmer in another village, it was for the farmer applying for the certificate

to disclose correct facts on oath and if at all suppression of facts is done

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C/SCA/1032/2012 JUDGMENT

by the farmer-applicant, the petitioner cannot be held liable for the same.

He also pointed out that the charge-sheet was issued belatedly and he was

due to retire on 30.06.2008.

2.3.

The respondent no.1 did not accept the reply of the petitioner and

passed an order on 11.06.2008 directing to hold regular departmental

inquiry against the petitioner and Mamlatdar. The Special Officer,

Departmental Inquiry, Gandhinagar, was appointed as Inquiry Officer,

and Deputy Collector (Land Reforms), Ahmedabad, was appointed as

Presiding Officer. The respondent no.1 directed the Inquiry Officer to

strictly follow the procedure laid down in Gujarat Civil Service

(Discipline and Appeal) Rules, 1971 and directed to submit a inquiry

report within 3 months.

2.4.

The petitioner was permitted to retire with effect from 30.06.2008.

The Inquiry Officer asked the presenting officer to subm