Observing that he had suffered the stigma of dismissal for 27 years, HC said the punishment imposed on him was so disproportionate that it shocked the conscience of the court. Ahmedabad: Gujarat High Court reversed the dismissal of a court clerk almost three decades after he was sacked over bribery allegations, holding that the disciplinary proceedings against him had serious flaws. The court awarded him a mild punishment and directed the authorities to pay him consequential salary arrears and applicable pensionary benefits.
It imposed a lesser penalty of stoppage of six increments with effect from July 2, 1999.
After altering the punishment, HC ordered, “The petitioner shall be entitled to arrears of salary as well as applicable pension, calculated on basis of the above penalty, treating the petitioner to be in service from July 3, 1999, till the date of regular superannuation. ” After the hearing, Justice Nikhil Kariel held that the departmental inquiry was unfair and biased and that the findings against Limbachiya were based on conjectures rather than sustainable evidence. The clerk’s allegations of bias against the inquiry officer and his demand for a change also weighed with the high court. Instead of remanding the matter for a fresh inquiry after nearly three decades, the court invoked its exceptional jurisdiction to bring the litigation to an end.
HC’s vigilance cell caught a peon in the same court accepting Rs 100 from a litigant in April 1998. The case involved N R Limbachiya, a bench clerk at the metropolitan court in Ahmedabad. Limbachiya, who was the peon’s supervisory authority, was also implicated and suspended three days later.