The issuance of a forged license is a serious matter and cannot be condoned, even if done at the instance of a colleague. The knowledge of the modalities of granting a license is crucial in determining misconduct.

S. B. SINHA, J.

( 1 ) GAJANAND M. Dalwadi, since deceased (delinquent officer) was working in the Regional Transport Office under the Commissioner of transport in the State of Gujarat. He had been working in the Department for Grant of Licence. At the relevant time, however, he was serving in the accounts Department as a Summary Clerk.

( 2 ) AN inspection was conducted in the Licence Branch of the Regional transport Office during the period 21. 8. 1995 to 13. 9. 1995.

( 3 ) SEVERAL misconducts committed by the delinquent officer came to the notice of the authorities. It was found that a forged license was granted to one Narendra Kumar who had met with an accident although at the relevant point of time, he was possessing a valid driving licence. A chargesheet was issued against him. Upon holding a disciplinary proceeding, the enquiry officer submitted a Report on 6. 12. 1997 stating that the charges against him have been proved. The disciplinary authority directed his removal from service by an Order dated 26. 10. 1998. Aggrieved by the said Order imposing punishment upon him, he filed an application before the Gujarat civil Services Tribunal. The said application was allowed holding that misconduct on his part, if any, was committed by him at the request of another clerk; viz. one Dudhrechia. It was further held;

"15. From the Department, it is submitted that dudhrechia has denied entrusting the work to appellant but as stated above Dudhrechia would never admit and the submission of appellant gets credence that this is not an after thought in the appeal but it was put to the concerned clerk at the enquiry, at first in point of time. 16. Also the order is too harsh. The Disciplinary authority must given reasons why it is proper to pass such orders. In the Discipline Appeals and rules providing for major penalties step by step, the punishments are given with a view that penalty must be inconsonance with the act complained or charges proved or the mis-conduct of the staff. The appellant is not a chip of dead wood that he must be removed. Also punishment such as harsh as this would also required (sic) to consider rising an employment in the state. Not that we want to protect dishonest or bad people but reasons must be given and satisfaction must be reached that this punishment is proper. "

( 4 ) A learned Single Judge of the said Court allowed the Writ Petition filed by the appellant holding that the delinquent had all the opportunities to reply to the chargesheet and take part in the disciplinary proceeding. The learned single Judge held that the decision of the Tribunal resulted in miscarriage of justice warranting the Court 's intervention under the supervisory jurisdiction conferred upon the High Court under Article 227 of the Constitution of India stating;

"it is evident that on the date when Driver narendra Kumar met with the accident, he did not possess a valid driving licence. In the circumstances the owner of the vehicle Sugarmal bherumal, could not have claimed insurance money for the damage caused to the vehicle. With a view to facilitating the insurance claim, the said Sagarmal Bherumal arranged for issuance of a duplicate licence in the name of driver-Narendra Kumar for the period covering the date of the accident. Indisputably, the duplicate licence was issued by the delinquent. Obviously, the duplicate licence was obtained by the owner Sagarmal Bherumal with an intention to defraud the insurance Company. The delinquent played an Important role in this fraudulent scheme by issuing duplicate licence. Indisputably, it was neither the function of the delinquent to issue such licence nor was it his defence that the said licence was issued by him at the request of the concerned Clerk Shri Dudhrejia or any other officer. Such defence was taken by the delinquent at a much later stage in the disciplinary inquiry, though unsuccessfully. It is quite possible that apart from the delinquent, there were other persons involved i