NIRMALABEN B TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has challenged the charge sheet bearing No. Makam/1089/Ta/Aa/28(200)-E dated 26th May 1998 with consequential prayer to direct the respondents to finalize the pension papers of the petitioner and to pay difference of pension to the petitioner with interest @ 18% p.a. in the backdrop of following facts and circumstances of the case.

(2.) On 17.7.1956 the petitioner lady was appointed as a teacher in Majiraj Girls' High School, Bhavnagar. On 26.12.1991 the petitioner was appointed as Principal in the said school. On 31.5.1994 the petitioner retired having attained the age of superannuation. On 16.5.1998 the provisional pension payable to the petitioner was fixed at Rs.4,470/- p.m.

(3.) On 28.5.1998 Joint Director (Admn.) communicated to the petitioner charge sheet dated 26.5.1998 issued by respondent State Government alleging certain irregularities/misconduct committed by the petitioner. Vide letter dated 17.6.1998 the petitioner raised a preliminary objection inviting attention to rule 189A of the Bombay Civil Service Rules,1959 (BCS Rules) pointing out that departmental inquiry cannot be instituted in respect of an event which had taken place more than four years prior to institution of the departmental proceedings. Thereafter, as respondent State Government has appointed an Inquiry Officer the petitioner has approached this Court by way of this petition on the basis of provisions of Rule 189A of the BCS Rules contending that the proceedings are wholly without jurisdiction.