S B Mandlik vs State Of Gujarat on 27 January, 2014

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Gujarat High Court

S B Mandlik vs State Of Gujarat on 27 January, 2014

Author: K.S.Jhaveri

Bench: Ks Jhaveri, A.G.Uraizee

          C/LPA/2470/2009                                   JUDGMENT




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                LETTERS PATENT APPEAL NO. 2470 of 2009

             In SPECIAL CIVIL APPLICATION NO. 1926 of 2009
                                     With
                 LETTERS PATENT APPEAL NO. 2471 of 2009
                                      In
               SPECIAL CIVIL APPLICATION NO. 2694 of 2009


FOR APPROVAL AND SIGNATURE:



HONOURABLE MR.JUSTICE KS JHAVERI


and
HONOURABLE MR.JUSTICE A.G.URAIZEE
============================================================
====
1   Whether Reporters of Local Papers may be allowed to see
    the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy of the
      judgment ?

4     Whether this case involves a substantial question of law as
      to the interpretation of the Constitution of India, 1950 or any
      order made thereunder ?

5     Whether it is to be circulated to the civil judge ?

================================================================
                           S B MANDLIK....Appellant(s)
                                   Versus
                       STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MS HARSHAL N PANDYA, ADVOCATE for the Appellant(s) No. 1
MR. J.K. SHAH, LEARNED AGP for the Respondent(s) No. 1


                                   Page 1 of 3
          C/LPA/2470/2009                                    JUDGMENT



================================================================
         CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
                and
                HONOURABLE MR.JUSTICE A.G.URAIZEE
                      Date : 27/01/2014
                           COMMON ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE KS JHAVERI)

1. The present appeals have been filed under Clause 15 of the Letters Patent by the appellantoriginal petitioner against the order dated 07.10.2009 passed by the learned Single Judge of this Court in Special Civil Application Nos. 1926 of 2009 and 2694 of 2009, whereby the learned single Judge has dismissed the said petitions.

2. We have heard learned counsel for the appellant as also learned AGP appearing for the respondentState and perused the material on record. We have also perused the impugned judgment passed by the learned Single Judge and found that the learned Single Judge has given cogent and convincing reasons in arriving at the conclusion. We are in complete agreement with the view taken by the learned Single Judge. Therefore, the present appeal deserves to be dismissed.

5. However, looking to the peculiar facts and circumstances of the case it is clarified that it will be open for the appellant to raise all the contention which are raised in these Page 2 of 3 C/LPA/2470/2009 JUDGMENT appeals before the Disciplinary Authority. The Disciplinary Authority shall consider the same and decide in accordance with law by giving reasoned order. Since the original departmental inquiries are of the year 2009, the Disciplinary Authority is directed to complete the same within a period of six months from today. It is hoped that the appellant shall cooperate with the departmental inquiry.

5. With the above observations and directions, the present appeal stands dismissed.

(K.S.JHAVERI, J.) (A.G.URAIZEE,J) PAWAN Page 3 of 3

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