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1997 Supreme(Guj) 419

N.J.PANDYA, S.D.PANDIT
Anshumali B. Lowalekar – Appellant
Versus
STATE – Respondent


Advocates Appeared: G.I.DESAI, M.G.DOSHIT

S. D. PANDIT, J.

( 1 ) ANSHUMALI Bhalchandra Lowalekar has filed the present petition to challenge the Government Resolution No. SLT-1080-895-G-2 dated 23. 9. 1981 and Rule 6 of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 (hereinafter referred to as the Rules) and to declare them as ultravires and to get a declaration that he is entitled to get promotion to the post of Dy. Conservator of Forests from 30. 3. 1986.

( 2 ) THE petitioner joined as Range Forest Officer on 10. 11. 1966. He was promoted as assistant Conservator of Forests on 13. 12. 1977. While he was working as Range Forest officer, it was his duty to pay wages of the workers who were to work for the forest department. It seems that one Amarsinh Talabhai had made two applications on 20. 2. 1978 and 2. 3. 1978 to the superiors of the present petitioner making grievances against him that an amount of Rs. 600/- payable to the workers was not actually paid. After the receipt of the said applications, explanation of the present petitioner was also sought for and necessary inquiries were made and then it was decided to start a departmental inquiry against the present petitioner. On 21. 9. 1977, a Memorandum














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