PATHAN JAMALKHAN MOHMMEDKHAN Vs. DIRECTOR OF AGRICULTURE

JUDGEMENT

(1.) . Heard learned counsel for the parties.

(2.) . The petitioner, a driver in the office of the respondent came to be dismissed from the services on proof of misconduct having misused the bull-dozers in his custody providing service thereof to 3 Khatedars of Mota Bhadva and Tumpni of Dwarka Taluka and misappropriated Rs.680/= received by way of service charge from them and debiting the expenditure towards the remuneration of the daily wages paid to the casual employees to Government Account. This order has been challenged by the petitioner before the Gujarat Civil Services Tribunal, Gandhinagar and the appeal was also dismissed hence the petition.

(3.) . The learned counsel for the petitioner firstly contended that there is delay in issuing of the charge sheet to the petitioner and as a result of which the entire inquiry proceedings are vitiated. It has next been contended that the case against the petitioner is the outcome of the malice of the officer against him. Lastly it is contended that for the proved misconduct punishment of the dismissal given to the petitioner is highly excessive and disproportionate to the guilty proved against him. The learned counsel for the respondents supported the order passed by the respondent No.1 and Gujarat Civil Services Tribunal, Gandhinagar.