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1985 Supreme(Guj) 7

J.P.DESAI
HABIBULLA KALYANI – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.P.TANNA, H.K.THAKORE

J. P. DESAI, J.

( 1 ) "the petitioners in these two petitions are accused in Special Case No. 19 of 1984 of the Court of Special Judge Ahmedabad. Petitioner Habibulla Kalyani was serving as Class I Officer in the Sales Tax Department while petitioner Haribhai Patel was serving as Sales Tax Inspector. * * * * * * are reproduced below: * * * * vious sanction". x x x x x x (B) in the case of a person who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government; (b) in the case of any other person of the authority competent to remove him from his office. Petitioner Habibulla being a Class I Gazetted Officer is not removable from his office save by or with the sanction of the State Government while petitioner Haribhai being a non-gazetted officer could be removed by a competent authority other than the Government. A proper sanction under sec. 6 (1 ) (b) would be required to be issued by the State Government so far as petitioner Habibulla is concerned while sanction of the Sales Tax Commissioner would be a valid one so far as petitioner Haribhai is concerned because he can be removed from service by the








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