Gujarat High Court
Vaishali Wd/O Anilkumar Parmar vs Union Of India & 2 on 15 December, 2017
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt, R.P.Dholaria
C/SCA/19658/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 19658 of 2017
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VAISHALI WD/O ANILKUMAR PARMAR....Petitioner
Versus
UNION OF INDIA & 2....Respondents
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Appearance:
MR JIGAR G GADHAVI, ADVOCATE for the Petitioner
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 15/12/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT) Draft amendment is granted. The same shall be carried out.
Notice for final disposal returnable on 22.01.2018.
The entire matter is in a very narrow compass and hence notice for final disposal is issued. Prima facie there seems to be no infirmity in the judgment and order impugned in this petition, however, there is no articulation about the fact that before Revisional Authority, ordered inquiry afresh, no notice to the delinquent appear to have been served, as counsel for the petitioner has categorically made a statement that the Revisional Authority did not issue notice and a fresh inquiry Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Dec 15 23:05:20 IST 2017 C/SCA/19658/2017 ORDER was ordered for enhancement of punishment by issuing a charge-sheet.
In our prima facie view, though the second Proviso and Rule 19(1)(b) permits any other order that may be deemed to be passed, but the matter if required to be taken up for fresh inquiry, then there ought to have been notice to the delinquent to make her submission qua the requirement or otherwise of fresh inquiry.
The respondents are expected to be ready with the reply, if any, as the Court has issued final disposal notice on account of this narrow controversy in this matter.
(S.R.BRAHMBHATT, J.) (R.P.DHOLARIA,J.) Pankaj Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Dec 15 23:05:20 IST 2017