Gujarat High Court
Rakeshkumar Fuljibhai Chaudhary S/O. ... vs State Of Gujarat on 1 November, 2018
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/15531/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15531 of 2018
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RAKESHKUMAR FULJIBHAI CHAUDHARY S/O. FULJIBHAI RAMJIBHAI
CHAUDHARY
Versus
STATE OF GUJARAT
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Appearance:
RAHUL SHARMA(8276) for the PETITIONER(s) No. 1
MR. K.M.ANTANI, ASSISTANT GOVERNMENT PLEADER, for the
RESPONDENT(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 01/11/2018
ORAL ORDER
1 Mr. Rahul Sharma, learned advocate for the petitioner, states that the petitioner is not being paid subsistence allowance. It is his case that there is no breach of conditions of suspension, and therefore, the petitioner is entitled to payment of subsistence allowance. Grave prejudice is being caused to him now, inasmuch as, the respondents are proceeding with departmental proceedings and have issued a final show cause notice asking the petitioner to show cause as to why he should not be dismissed from service. 2 In the event the department is permitted to proceed forth without the petitioner being paid subsistence allowance, Page 1 of 2 C/SCA/15531/2018 ORDER the order that may be passed subsequent to the show cause notice, would be void ab initio.
3 Respondent No.1 - State to file a reply as to why the petitioner is not being paid subsistence allowance. In absence of any reply, it will be open for the petitioner to pray for interim relief claiming subsistence allowance.
Mr. K.M.Antani, learned AGP, prays for time in order to file reply. S.O to 19.11.2018.
(BIREN VAISHNAV, J) Bimal Page 2 of 2