By way of filing this petition, the petitioner has challenged the judgment and order dated 13th May 1994 passed by the Gujarat Civil Services Tribunal in Appeal No.508 of 1993 preferred by the respondent No.1.
2 The facts, in brief, are to the effect that the first respondent was serving as Talati-cum-Mantri at Ram Patel's Muvada Gram Panchayat, Lunavada Taluka, District Panchmahals. It is the case of the petitioner that respondent No.1 had not credited a sum of Rs.1,939 out of the house-tax recovery during the period from 12.3.1980 to 20.5.1980. Therefore, the first respondent was issued show-cause notice on 19th August 1983 by the Taluka Development Officer, Lunavada, which was replied to by the first respondent on 5th September 1983. The Taluka Deveopment Officer, Lunavada passed order on 30th April 1984 vide which he imposed penalty of stoppage of two increments without future effect.
3 However, it appears that the Public Accounts Committee, after considering the case file, instructed Deputy District Development Officer to take up the matter in revision and to file a criminal complaint against the first respondent and also to place the first respondent under suspension and to enquire as to whether the first respondent had committed such financial irregularities at other places also. Pursuant to the same, Deputy District Development Officer vide his order dated 21st May 1984 set aside the order dated 30th April 1984 passed by the Taluka Development Officer, Lunavada and a police complaint was also registered against respondent No.1. In the said criminal case the first respondent was though convicted for the offence under Section 409 of IPC was released on probation for a period of one year.
4 Thereafter, on 20th August 1985 Deputy District Development Officer issued show-cause notice to the first respondent as to why he should not be removed from service for his misconduct of misappropriation of public fund, to which the first respondent has filed reply on 11th December 1985. After considering the said reply and hearing him personally, he was dismissed from service vide order dated 25th May 1986. The first respondent challenged the said order by filing appeal before the Gujarat Civil Services Tribunal at Gandhinagar. The Tribunal allowed the said appeal vide order dated 8th July 1993 and directed reinstatement of the first respondent with effect from 15th May 1986 along with continuity of service. Feeling aggrieved by the said order the petitioners have filed the present petition.
5. I have heard learned counsel for the parties and perused the record.
6. The Tribunal has observed that the first respondent was imposed penalty of stoppage of two increments without future effect by the Taluka Development Officer, Lunavada on 30th April 1984 and therefore the said order could not have been revised suo motu and the order passed by the Taluka Development Officer ought not to have been recalled and in its place order of terminating the services of the first respondent could not have been passed by the petitioner No.2 as he does not possess the power of review and his order is without jurisdiction. The Tribunal has also awarded full back wages and relied upon the decision of this Court in the case of Mahendrakumar Voorabhai Makwana v. State of Gujarat reported in 1991(1) GLR 179.
I am in complete agreement with the view taken by the Tribunal. The petition has no merits and therefore the same is rejected with no order as to costs.
(K.S.Jhaveri, J.) *mohd Top