H R MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions arise out of the removal order of the petitioner. Hence, both these petitions are being disposed of by this common judgment.

(2.) In Special Civil Application No. 1104/90 the petitioner has prayed for quashing the order of removal dated 9-2-1990 and for a direction to the respondents to reinstate the petitioner in the service with back wages and all other consequential benefits. While other petition being Special Civil Application No.1188 of 1986 was filed by the petitioner for quashing the order of removal dated 27-6-1986 and for restraining the respondents from removing the petitioner from service pursuant to the aforesaid order.

(3.) The petitioner was working as a Section Officer in the Home Department as Gazetted Class-II Officer. He was placed under suspension by the resolution dated 26-5-1986 and a regular departmental inquiry was directed to be held against the petitioner on the allegations that an application dated 5-3-81 was made by Smt. Rajendra Kaur wife of Shri Bhupendrasingh Chauhan who was working as Company Commander, S.R.P. Group-VII, Nadiad and that application was for transferring her husband at Ahmedabad or Godhara and that application dated 5-3-81 was received by the petitioner on 9-4-1981. A written proposal dated 6-4-1981 was made for transfer of Shri Chauhan at Ahmedabad or Vadodara. With the purported signature of Shri N. Gopalaswami, the then Joint Secretary dated 16-4-1981 taking such action as if sanction has been accorded to the proposal regarding the transfer by sending a copy of the application of Shrimati Rajendra Kaur to Shri H.C. Oza, Administrative Officer, the office of I.G.P., Ahmedabad vide confidential letter dated 1-5-1981 of the Home Department for taking action of transferring her husband at Ahmedabad and the petitioner had given direction in the name of the Government. In this manner, the petitioner by making a false signature of the Joint Secretary N. Gopalaswami committed irregularity and misused his own designation. On the basis of the aforesaid allegations, the petitioner was placed under suspension by order dated 26-5-86 and the charge sheet was prepared on 10-9-82 and served on the petitioner and the petitioner also filed his defence statement by the letter dated 9-11-1982. The departmental inquiry against the petitioner was directed to be conducted by the Special Officer for the departmental inquiries (for gazetted officers), Ahmedabad. The Inquiry Officer after completing the departmental inquiry submitted his report to the Government by the letter dated 27-2-1984 wherein the charges levelled against the petitioner were said to be proved. In the inquiry, the charges against the petitioner were found proved and looking to the seriousness of misconduct and indiscipline in taking personal active interest in making transfer of one police officer and in doing irregular activities and misuse of his designation, the Government came to the conclusion that the petitioner shall be discharged by resolution dated 27-6-86 from the government service with immediate effect under Rule 9 and 10 read with Rule 6 of the Gujarat Civil Services (Discipline and Appeal) Rules, 1976 and the petitioner was removed from 27-6-86.