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1988 Supreme(Guj) 9

D.H.SHUKLA
V. I. KHALIFA – Appellant
Versus
SATUBHA TANUBHAI VAGHELA – Respondent


Advocates Appeared: KUSUM M.SHAH, P.M.RAVAL

D. H. SHUKLA, J.

( 1 ) THE petitioner V. I. Khalifa of Surendranagar has filed the present Special Civil Application for the issuance of a writ order or direction under Art. 226 of the Constitution of India for quashing the order of his dismissal dated 17-5-1985 and confirmed on 10 The copies of the two orders are at Annexures `a and `c to the petition.

( 2 ) THE facts shortly stated are that the petitioner joined as a Peon with the Surendranagar District Co-operative Bank Ltd. Patdi Branch in the year 1961. Since then he was working as a Peon at Patdi Branch till 10-6-1985 when he was posted as a Peon at the Limdi Branch of the Bank. The petitioner was a Class IV servant drawing a salary of Rs. 648. 00 and D. A. with House Rent Allowance etc. per month. On 17 the petitioner was served with an order dismissing him from service on the ground that he had intentionally remained on leave without pay for more days than allowable under settlement which leave without pay was termed as a serious misconduct by the respondent. The grievance of the petitioner is that before passing the impugned dismissal order the petitioner was not given a show-cause notice nor was he given an opportunity to
























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