HIMMATBHAI HARGOVANBHAI DAVE Vs. GUJARAT URJA VIKAS NIGAM LTD.
LAWS(GJH)-2016-7-190
HIGH COURT OF GUJARAT
Decided on July 11,2016

Himmatbhai Hargovanbhai Dave Appellant
VERSUS
GUJARAT URJA VIKAS NIGAM LTD. Respondents

JUDGEMENT

- (1.) By this writ -application under Article 226 of the Constitution of India, the petitioner, a former Engineer of the erstwhile Gujarat Electricity Board, has prayed for the following reliefs : "(A) Your Lordships be pleased to issue a writ of certiorari or writ in nature of certiorari or any other appropriate writ, order or directions, for quashing and setting aside the findings of inquiry report dated 12.8.1998 and further be pleased to declare that the inquiry proceedings was conducted in illegal and arbitrary manner. (B) Your Lordships be pleased to issue a writ of certiorari or writ in nature of certiorari or any other appropriate writ, order or direction, for quashing and setting aside the impugned orders dated 2/11/1998 of the Respondent No.4 at Annexure "K" dated 28/5/1999 of the Respondent No.3 at Annexure "M" dated 2/1/2002 of the Respondent No.2 at Annexure "T" to this petition and be pleased to direct the respondents to grant all consequential benefits forthwith. (C) Pending the hearing and final disposal of the petition, Your Lordships be pleased to stay the execution, operation and implementation of order dated 2/1/2002 of the Respondent No.2 at Annexure "T" to this petition on any condition that may be deem fit and proper by this Honourable Court; (D) Your Lordships be pleased to pass such other order as may be deemed just and proper in the circumstances of the case. (F) The cost of this petition be awarded."
(2.) The facts of this case may be summarised as under : The petitioner was appointed as a Junior Engineer on 29th August 1978 and was posted at the Modasa Rural Sub -Division of the Board. On 19th January 1985, he came to be promoted as the Deputy Engineer and was posted at the Malpur O&M Sub - Division. On 30th July 1991, the Executive Engineer, Talod, passed an order on the basis of a letter dated 26th June 1991 issued by the Accounts Officer, O&M Circle, Himmatnagar, to recover an amount of Rs.3305=15ps. from the petitioner. The petitioner preferred the Special Civil Application No.7983 of 1991 before this Court, challenging the order dated 30 th July 1991 referred to above with regard to the recovery. The order of recovery was later on withdrawn and the petition was disposed of accordingly.
(3.) It appears that for the acts of misconduct alleged to have been committed in the year 1984 -85, a preliminary inquiry was undertaken in the year 1989. At the end of the preliminary inquiry, a departmental charge -sheet came to be issued to the petitioner in the year 1994. The charge -sheet contained the following charges : "SCHEDULE 'A' Clause No.9 : Theft embezzlement, fraud, falsification of accounts, tampering with official documents, breach of trust, misappropriation or dishonesty in connection with the affairs or property of the Board. Clause No.30 : Habitual negligence or neglect of work or habitual breach of regulations or instructions." ;


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