1. Heard learned advocate for the petitioner and Mr. Majmudar, learned advocate for the respondent.
2. The petition is directed against the order dated 7.12.2010 passed by the Gujarat Civil Services Tribunal in Appeal No.297 of 2007 whereby the penalty order passed by the petitioner against present respondent has been set aside.
3. Having regard to the submissions made by learned advocate for the petitioner including the submission that the service of the respondent (who at the relevant point of time was working as Talat-cum-Mantri) was terminated on account of the misconduct for which departmental proceedings / inquiry were conducted, the petition requires consideration. Rule.
4. In light of the factual background at this stage, it appears appropriate to stay the implementation and operation of the impugned order dated 7.12.2010 passed by the Gujarat Civil Services Tribunal in Appeal No.297 of 2007.
In justification of request for interim relief the learned Counsel for the petitioner has submitted that if the petition fails at stage of final hearing the respondent can be compensated in terms of money and appropriate further direction which may be considered necessary and proper in the facts of the case.
5. Having regard to prima facie case and balance of convenience and the fact that the respondent can be compensated by direction to pay all monetary benefits (salary, allowance, revision in salary etc.) and having regard to the reason recorded by the learned tribunal in support of the decision of setting aside disciplinary authority's order by way of interim relief the implementation and operation of the impugned order dated 7.12.2010 passed by the Gujarat Civil Services Tribunal in Appeal No.297 of 2007 is stayed.
(K.M.THAKER,J.) Suresh* Top