- (1.) HEARD Mr. Parth Bhatt, learned Assistant Government Pleader for petitioner authority and Mr. M.B. Gandhi, learned advocate for the respondent employee.
(2.) CHALLENGE in this petition is made to the order of the Gujarat Civil Services Tribunal dated 29.11.2010 in Appeal No. 184 of 2008, whereby the punishment order dated 15.7.2008 passed by the Commissioner of Mid Day Meal and Schools, came to be quashed and set aside, by recording the following quoted finding and order. To sum up the discussion as made in the body of the judgement, the charge sheet is vague, there has been an unusual delay in carrying the inquiry and the inquiry report is vitiated for not evaluating the evidence and violates the principle of natural justice. Hence in following order is issued. The appeal succeeds. The order of the Commissioner of Education dated 15.7.2008 is quashed and set aside. The appellant is considered as on duty till the date of retirement on superannuation. Pronounced on this 29th day of November, 2010. 1. The disciplinary authority has challenged the above referred order of the Tribunal by this petition and there is no interim order operating in favour of the petitioner authority. The respondent in this petition had attained the age of superannuation in October, 2010, which was about a month before the date of the impugned order of the Tribunal and therefore the question of reinstatement of the respondent did not arise, however, the petitioner authorities did not do anything with regard to finalization of pension case and payment of other benefit to the respondent employee and therefore he has filed a substantive petition being Special Civil Application No. 5678 of 2011, which is being disposed of by a separate order today.
(3.) THE respondent No.1 in Special Civil Application No. 5678 of 2011, who is petitioner authority in this petition, by filing affidavit in reply in the said petition has contested the claim of the employee saying that, he is not paid his dues, since the petition filed by the authorities being Special Civil Application No. 3213 of 2011 i.e. the present petition is pending for adjudication before this Court.;