1. By way of this petition, the petitioner has prayed for the following reliefs:-
(A) By a writ of certiorari or in the nature of certiorari or any other appropriate writ, direction or order, the judgement and order dated 9th January, 1995, passed in Appeal No.142 of 94 by the Gujarat Civil Service Tribunal, be quashed and/or set-aside, and it be declared that the order of the Collector, Valsad dated 22.3.,1993 Annexure M is illegal, ultra vires in law.
(B) Pending hearing and final disposed of this writ petition, execution, operation and implementation of the order dated 22.3.1993, passed by the Collector, Valsad, imposing penalty on the petitioner (Annexure M), be stayed.
(C) xxx
(D) xxx”
2. The brief facts leading to filing of this petition are that the petitioner was working as a Junior Clerk in the Office of the Mamlatdar, Navsari. The petitioner prepared a ration Card on the basis of the direction given by the Mamlatdar, Navsari, to one Shri Shyamlal Chetanmal Dhanvani. However, on 9.3.1992 the petitioner was given a show cause notice that the petitioner has issued a ration card to Shri Shyamlal Chetanmal Dhanvani, was a Pakistani National visiting India on VISA.
2.1. Thereafter, on 9.4.1992, the petitioner gave reply to the show cause notice. On 14.10.1992, the charge-sheet was issued to the petitioner and the petitioner gave reply to the said Charge-sheet. Thereafter, the petitioner requested the Mamlatdar to supply the copies of the documents which were required for the purpose of his defence in the Departmental Inquiry. The petitioner also asked for the documents from the respondent-Collector, Valsad, who was conducting the Inquiry. The Collector, Valsad, directed the Mamlatdar to supply the necessary documents as demanded by the petitioner. However, no documents were supplied to the petitioner.
2.2. On 22.3.1993 the respondent without giving any documents to the petitioner, as demanded by him, passed the order of penalty of withholding increments for five years without future effect. Against the said order, the petitioner preferred an Appeal No.142 of 1994 before the Gujarat Civil Service Tribunal, against the order of the respondent. The Tribunal vide order dated 9.1.1995 dismissed the appeal of the petitioner and confirmed the order of penalty. Hence, this petition.
3. Heard learned advocate appearing for both the parties and perused the material on record.
4. Ms. K.T. Mehta, learned advocate for the petitioner contended that in the voter list of the relevant constituency and in the ration card the name of the applicant i.e. Shymalal Chetanmal Dhanvani and his father were mentioned. She further submitted that in spite of the specific demand by the petitioner and in spite of order passed by the respondent-Collector, the documents were not supplied to the petitioner. Therefore, she submitted that in view of the non-supply of relevant documents the order passed by the Collector and the order of the Tribunal are in violation of principle of natural justice.
5. Learned AGP Mr. Soni, supported the order of the Collector and the order or the Tribunal and submitted that both the order are just and proper and no interference is called for by this Court.
6. I have heard learned advocate for both the parties. It is required to be noted that the petitioner was junior clerk in the office of the Mamlatdar, Navsari, and the petitioner after relying upon the ration card issued to the father of the applicant in the year 1987 and the Votter list, in which the name of the petitioner was mentioned at serial No. 519 and the names of his father and other family members were also shown at serial No.s 516 to 521, issued ration card to the applicant. Apart from that the documents which were demanded by the petitioner, in spite of the order of the Collector, the copies of the relevant documents were never supplied to the petitioner. In my view, the documents which are not supplied which are good defence for the petitioner were not supplied to the petitioner, therefore, the judgement and order passed by the Collector and the order of the Gujarat Civil Service Tribunal are in violation of principle of natural justice. In view my withholding the documents is not bona fide and the petitioner is victimized by both the Authorities.
7. For the foregoing reasons, the present petition deserves to be allowed, the same is therefore, allowed. The order of the respondent- Collector dated 22.3.1993 and the judgment and order of the Tribunal dated 9.1.1995 are quashed and set aside. It is clarified that the benefits of the petitioner will be given within a period of six months from the date of order of this order failing; which the interest will be required to be paid to the petitioner and the said interest amount will be recovered from the erring officer, who will responsible for delaying. It will be open for the petitioner to serve this order immediately to the respondents. Direct service is permitted.
pawan [K.S.JHAVERI,J.]