Athar M. Saiyad vs State of Gujarat and Others

D.A. Mehta, J.—This petition challenges order dated 09.03.2000 whereunder the petitioner has been visited with penalty of compulsory retirement safter departmental inquiry.

It is an accepted fact that departmental proceedings were conducted against the four persons by the respondent authorities viz.- (i) Shri K.I. Patel, (ii) Shri S.B. Prajapati, (iii) Shri G.A. Baloch; and (iv) Shri A.M. Saiyad, the present petitioner. On behalf of the petitioner attention is invited to judgment dated 17.07.2003, rendered in case of Shri K.I. Patel v. State of Gujarat Special Civil Application No. 4881 of 2003 whereby the orders of punishment have been quashed and set aside and Shri K.I. Patel exonerated from the charges leveled against him.

Learned Assistant Government Pleader is not in a position to dispute the aforesaid factual position. The only submission was that the judgment of the High Court in case of Shri K.I. Patel (supra) is not acceptable to the respondent authorities.

Considering the fact that the departmental inquiry proceedings were conducted against the aforesaid four persons simultaneously in relation to the same alleged defaults, it is not possible to take a different view of the matter. If the respondent authorities are not accepting the earlier judgment of the High Court, it is for the respondents to take appropriate recourse available in law.

In the circumstances, it is not necessary to set out the facts and respective contentions in detail. For the reasons recorded in the judgment dated 17.07.2003 in Special Civil Application No. 4881 of 2003, this petition is allowed. Rule made absolute. There shall be no order as to costs.