Gujarat High Court
M S Jogia Retired D.E.O vs State Of Gujarat & on 27 January, 2016
Author: Akil Kureshi
Bench: Akil Kureshi
C/SCA/1777/2000 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 1777 of 2000
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M S JOGIA RETIRED D.E.O.....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR MD RANA, ADVOCATE for the Petitioner(s) No. 1
SHRI PRANAV TRIVEDI, AGP for the Respondent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
Date : 27/01/2016
ORAL ORDER
Learned advocates for both the sides have made detail submissions. Arguments are virtually over. One of the points raised by the counsel for the petitioner was as per rule 189A of the Bombay Civil Services Rules, as prevailing at the relevant time, reduction in penalty could be ordered only after consultation with GPSC. This in the present case was not done.
Learned AGP drew my attention to para.3 of the affidavit in reply dated 4.5.2000 filed by one Shri P.B. Chaudhari, Under Secretary, Education department, in which it is stated that "Before imposing penalty/punishment it was necessary to take consent from the GPSC and also from the Government, and the same was taken subsequently and thenafter only the penalty was imposed upon the petitioner."
This averment does not clearly bring the facts on record Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Jan 28 01:43:32 IST 2016 C/SCA/1777/2000 ORDER namely, whether GPSC was consulted before passing the order of punishment. Learned AGP shall take instructions and place full facts for consideration of the Court.
SO to 29.1.2016.
(AKIL KURESHI, J.) raghu Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Jan 28 01:43:32 IST 2016