SHAILESHBHAI N GOSWAMI Vs. STATE OF GUJARAT
LAWS(GJH)-2013-3-210
HIGH COURT OF GUJARAT
Decided on March 22,2013

Shaileshbhai N Goswami Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.)Challenge in this petition is made to the order of the Gujarat Civil Services Tribunal dated 02.11.2002 in Appeal No. 278 of 2001, whereby, the challenge made by the present petitioner to the removal order dated 10.8.2001 was dismissed. Heard Mr. N.V. Solanki learned advocate for the petitioner and Mr. Neeraj Soni learned Assistant Government Pleader for the respondent authority.
(2.)The date of birth of the petitioner is 22.9.1961. He had joined the service on 13.5.1985 as Craft Instructor (Wireman) at] Ahwa, District Dangs, under the administrative [control of the Director of Employment and Training, Gujarat State and subsequently, in the year 1988, he was posted at Gorva, Baroda.
(3.)The case of the authorities of the respondent department is that, on 23.12.1998 and 24.12.1998, the petitioner committed serious misconduct by misbehaving with the staff members, threatening, abusing them, etc. In this regard, charge-sheet was issued to the petitioner on 14.10.1999 and the defence of the petitioner having not been accepted, after holding departmental inquiry, ultimately, the order of removal came to be passed on 10.08.2001. Since the order of removal was passed by the Disciplinary Authority, which is subordinate to the Government, the said order was appealable before the Gujarat Civil Services Tribunal, and therefore, the present petitioner had challenged the said removal order before the Gujarat Civil Services Tribunal by filing Appeal No. 278 of 2001. The Gujarat Civil Services Tribunal rejected the appeal and therefore this petition.


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