TMI Blog2022 (10) TMI 509X X X X Extracts X X X X X X X X Extracts X X X X ..... throwing the rule book to the winds merely to comply with the time limit in the order dated 30.11.2021 in the petition filed earlier. The order dated 30.03.2022 is hereby quashed and set aside. The respondents are directed to reinstate the petitioner in service with all consequential benefits as if the order dated 30.03.2022 was never passed - Petition allowed. - R/SPECIAL CIVIL APPLICATION NO. 7989 of 2022 - - - Dated:- 13-9-2022 - HONOURABLE MR. JUSTICE BIREN VAISHNAV Appearance: Mr Yatin Oza, Senior Counsel With Mr. Jit P Patel(6994) for the Petitioner(s) No. 1 Mr Kurven Desai, Asst Government Pleader for the Respondent(s) No. 1,2 CAV JUDGMENT 1. Rule returnable forthwith. Mr. Kurven Desai, learned AGP w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a statement of imputations a list of documents were given to the petitioner. The petitioner filed a reply to the chargesheet on 07.12.2020. The inquiry officer held departmental proceedings and furnished an inquiry report on 25.02.2022. A final show-cause notice was given on 04.03.2022, to which the petitioner replied on 21.03.2022. The impugned order of dismissal was passed on 30.03.2022. 4. Mr. Yatin Oza, learned Senior Advocate appearing with Mr. Jit Patel, learned advocate for the petitioner would submit that the order of dismissal from service is in violation of principles of natural justice. He would submit that merely because the authorities wanted to honour the time limit and the directions issued by this court in Special Civil A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Today, when the matter is taken up for hearing, learned AGP Mr.Adityasinh Jadeja has submitted that the Presenting Officer is appointed by the State on 10.06.2021. Learned advocate Mr.Yatin Oza appearing for the petitioner has submitted that in the present writ petition, the petitioner has challenged his suspension order dated 31.05.2017 and even after passage of more than 4 years, the departmental proceedings are not completed. It is submitted that even as per the policy of the State Government, the departmental proceeding is required to be completed within a period of six months. The petitioner was issued the charge-sheet on 20.02.2018 and he has been facing the suspension since more than 4 years. It is surprising to note that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and had undergone the scrutiny of evidence. Under the Gujarat Civil Services (Discipline and Appeal) Rules, particularly Rule 9 which is with regard to the procedure for imposing major penalties, indicates that in accordance with subrule 13 of Rule 9 on the date fixed for the inquiry oral and documentary evidence by which the articles of charges are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined at the hands of the government servant. Sub-rule 13 of Rule 9 reads as under: (13) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charges are proposed to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t supported by any reason. As the orders passed by them have severe civil consequences, appropriate reasons should have been assigned. If the enquiry officer had relied upon the confession made by the appellant, there was no reason as to why the order of discharge passed by the Criminal Court on the basis of self-same evidence should not have been taken into consideration. The materials brought on record pointing out the guilt are required to be proved. A decision must be arrived at on some evidence, which is legally admissible. The provisions of the Evidence Act may not be applicable in a departmental proceeding but the principles of natural justice are. As the report of the Enquiry Officer was based on merely ipse dixit as also surmises a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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