S S BIST HOUSE KEEPING SUPERVISOR GRADEII Vs. TOURISM CORPORATION OF GUJARAT LTD & ANR
LAWS(GJH)-2016-5-152
HIGH COURT OF GUJARAT
Decided on May 05,2016

S S Bist House Keeping Supervisor Gradeii Appellant
VERSUS
Tourism Corporation Of Gujarat Ltd And Anr Respondents

JUDGEMENT

- (1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside order dated 24.11.2003 passed by respondent No.2 by holding and declaring that the petitioner is entitled to continuity of service for the suspension period and the said period shall be computed for all service benefits and perquisites, including subsistence allowance, increments, promotion as well as retirement benefits like pension, gratuity, etc.
(2.) The facts of the case are that the petitioner was suspended from service vide order dated 05.07.1993 in contemplation of departmental inquiry. A chargesheet was also issued to the petitioner on 07.09.1993, which culminated into imposition of punishment of withdrawal of two increments with future effect vide order dated 20.08.1997. Accordingly suspension of the petitioner was revoked vide order dated 20.08.1997 and the petitioner resumed his duty on 23.08.1997. It is the case of the petitioner that the petitioner was not paid subsistence allowance as per the Rules and thereafter he made representation to respondent No.1 on 27.04.1998 requesting to regularize the period of suspension from 05.07.1993 to 23.08.1997. Since no decision was taken on the representation, the petitioner filed further representation dated 08.11.2002. By the impugned order dated 24.11.2003 by respondent No.2, period of suspension was treated as such. A specific averment in the petition was made that the impugned order passed by respondent No.2 was passed without affording reasonable opportunity of hearing to the petitioner.
(3.) Mr.Vyas has relied upon judgment in the case of Ramsunder Shamlal Vs. Y.B. Jhala or his successor, Commissioner of Police, Ahmedabad & Ors., 1999 1 GLH 150 wherein this Court has held that while passing order under Rule 152 of the Bombay Civil Service Rules, 1959, a reasonable opportunity in accordance with principles of natural justice has to be given.;


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