Gujarat High Court
Budhsinh Jaysinh Patel vs State Of Gujarat & 2 on 16 January, 2017
Author: Sonia Gokani
Bench: Sonia Gokani
C/SCA/534/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 534 of 2017
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BUDHSINH JAYSINH PATEL....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR. MAULIK M SONI, ADVOCATE for the Petitioner(s) No. 1
MR. RONAK RAVAL, ASST. GOVT. PLEADER for the Respondent(s) No. 1 to
3
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 16/01/2017
ORAL ORDER
1. The petitioner before this Court seeks following reliefs:
"Para.(8).
(A) Be pleased to admit this petition. (B) Be pleased to issue appropriate writ, order or direction upon the respondent authorities not to terminate the petitioner without giving an opportunity of hearing and without following principal of natural justice.
(C) Be pleased to permit the petitioner to make representation before the respondent authorities and be pleased to direct the respondent authorities not take any coercive steps against the petitioner without deciding representation of the petitioner.Page 1 of 3
HC-NIC Page 1 of 3 Created On Sat Aug 12 11:30:09 IST 2017 C/SCA/534/2017 ORDER (D) Pass such orders as though fit in the interest of justice."
2. The petitioner joined as a constable in the year 1984. FIR came to be filed against him at Godhra ACB Police Station being C.R. No. I/06/2009 for the offense punishable under Sections7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as th P.C. Act). The petitioner faced the trial and has been convicted by the Competent Court to undergo rigorous imprisonment for five years and to pay fine of Rs.5000/- in default to undergo rigorous imprisonment for six months and under Section 13(1)
(d) r/w Section 13(2) he has sentenced to undergo seven years rigorous imprisonment and fine of Rs.5000/-.
3. The petitioner has preferred Criminal Appeal No. 1794 of 2016, wherein the Court has suspended the sentence of the petitioner and released him on bail dated 27.12.2016.
4. Apprehending the possibility of the respondents authorities taking unilateral decision is before this Court seeking the above prayers.
5. This Court has heard learned advocate for the petitioner Mr. Maulik M Soni and learned Assistant Government Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Aug 12 11:30:09 IST 2017 C/SCA/534/2017 ORDER Pleader Mr. Ronak Raval.
6. Notice in the fact that the petitioner's order of sentence has been suspended by the appellate authority in Criminal Appeal No. 1794 of 2016, the entire trust made in this petition is of directing the respondents authorities not to terminate the petitioner without giving opportunity of hearing.
7. The respondents authorities are bound to follow the Rules and Regulations and the procedure prescribed under the Law. This petition is based on apprehension, conjectures and surmises. Being without any basis and sans the details as to what are the steps taken by the respondents authorities, the petition is not being entertained.
8. Any action on the part of the respondents authorities in future if aggrieves, the petitioner shall be at liberty to take legal recourse available under the law. This Court does not need to grant any relief in this petition This petition is dismissed and disposed of accordingly.
(MS SONIA GOKANI, J.) MIRZA Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Aug 12 11:30:09 IST 2017