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 ================================================================

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

NEUTRAL CITATION

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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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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 submit a written brief by 15.07.2008 and to send a copy directly to the delinquent and the petitioner was asked to submit defence brief by 25.07.2008. Accordingly, the petitioner submitted his defence brief on 24.07.2008..

2.6. The Inquiry Officer vide his inquiry report dated 31.07.2008 held the charges against the petitioner as proved. Thereafter, the respondent no.1 had sent back the case papers and inquiry report exercising powers

NEUTRAL CITATION

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Rules, 1971. The Inquir

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