N G KOTLE Vs. AHMEDABAD MUNICIPAL CORPORATION

JUDGEMENT

(1.) The appellant was a Chemist in the respondent Ahmedabad Municipal Corporation and after a departmental enquiry he has been found guilty of misconduct and the disciplinary authority has imposed the punishment of termination from services. The findings of guilt as well as penalty have been confirmed by the appellate authority and the writ petition has been dismissed by the learned single Judge. Hence the appellant has preferred this appeal.

(2.) The charge against the petitioner was that while being a responsible employee of the Public Health Laboratory of the Corporation he had deposed in the Criminal Court as an expert defence witness in order to help the accused by deposing that butter milk is milk. The Criminal Court did not accept the expert opinion of the appellant and convicted and sentenced the accused. In the appeal before the Sessions Court the learned Sessions Judge confirmed the conviction and sentence passed by the learned Magistrate and while doing so passed strictures against the appellant. As a result thereof the disciplinary enquiry was started against the appellant. The appellant filed Misc. Criminal Application No. 889 of 1982 for expunging the strictures passed against him and the learned single Judge of this Court by his judgment dated 24-8-1981 expunged certain observations in paras 13 and 18 of the judgment of the learned Sessions Judge. However the following observations were retained:

(3.) In the disciplinary proceedings the appellant has not challenged the legality and validity of the departmental enquiry and he does not dispute that he was given adequate opportunity of being heard.