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1977 Supreme(Guj) 43

B.K.MEHTA, D.A.DESAI, J.B.MEHTA
R. M. GAJJAR – Appellant
Versus
STATE – Respondent


Advocates Appeared: J.R.NANAVATI, S.B.MAJMUDAR, S.R.SHAH

J. B. MEHTA, J.

( 1 ) IN this petition the two petitioners who were appointed as class III employees on the establishment of the Civil Courts at Rajpipla and Jambusar in the District of Broach by the District Judge Broach have challenged the final order of the District Judge along with the order of the High Court at Annexures G and H as per which they have been removed from service. The petitioners had been chargesheeted by (he District Judge on December 22 1971 for falsely identifying three persons before the then Civil Judge Junior Division and Judicial Magistrate F. C. Sivli as per Ex. A. In the disciplinary enquiry which was instituted on this chargesheet at Annexure A the petitioners had admitted the charges and prayed for mercy. The District Judge by the order dated June 5 1974 at Annexure D passed the order to withhold future promotions with permanent effect. The High Court however considered the punishment grossly inadequate and therefore under Rule 23 of the Gujarat Civil Services (Discipline and Appeal) Rules 1971 hereinafter referred to as the rules issued a show cause notice at Annexure E on September 6 1974 to enhance the punishment to one of removal from service. After




















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