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1991 Supreme(Guj) 236

C.K.THAKKER, Y.B.BHATT
T. S. RABARI – Appellant
Versus
GOVERNMENT OF GUJARAT – Respondent


Advocates Appeared: A.R.DAVE, AJIT PADIVAL, B.P.TANNA, B.R.PARIKH, B.R.SHAH, D.D.Vyas, G.N.DESAI, GIRISH PATEL, K.M.PATEL, K.N.RAVAL, M.R.ANAND, R.J.OZA, S.I.NANAVATI, S.N.SHELAT, SHAILESH PARIKH

THAKKER, J.

( 1 ) A substantial question of general public importance having far-reaching effect has been raised in the present group of petitions. In view of the challenge to the constitutional validity of certain statutory rules, some petitions were placed for admission as well as for final hearing before the division Bench. In view of the fact that a similar question was pending before the Division Bench, the learned single Judge has also referred some petitions to the Division Bench and that is how all these matters are before us for final hearing. Facts :

( 2 ) FOR the purpose of appreciating the controversy in question, it may be necessary to state facts in the first petition briefly. In Special Civil application No. 1816 of 1989, it is the case of the petitioner that he was appointed as Range Forest Officer Class III on 2/11/1974 and was promoted to the post of Assistant Conservation of Forests, Class II which is a gazetted post. A charge-sheet dated 21/08/1984 was served upon him in respect of an incident said to have taken place in the month of march 1982 when he was working as Range Forest Officer. The inquiry was held wherein the petitioner submitted his explanation. There



















































































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