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1998 Supreme(Guj) 264

N.N.MATHUR
GUJARAT STATE ROAD TRANSPORT CORPORATION LIMITED – Appellant
Versus
RAVJI TAPUBHAI GOTI – Respondent


Advocates Appeared: D.H.WAGHELA, H.K.RATHOD, N.B.TIVARI, P.C.KAVINA, P.J.Kanabar, Thakkar Associates, Y.S.LAKHANI

N. N. MATHUR, J.

( 1 ) THE following questions of law arise for consideration in these revision applications filed by the Gujarat State Road Transport Corporation against its employees designated as conductor and dismissed from service after having found them guilty of misconduct under "discipline and Appeal Procedure for the Gujarat State Road Transport Corporation Employees. " The order of dismissal has been stayed by way of injunction by the different Civil Courts in exercise of power under Order 39 Rules (1) and (2) C. P. C. Q. 1. "whether the Civil Court has jurisdiction to entertain the suit challenging the imposition of penalty of dismissal having been found guilty of misconduct under "discipline and Appeal Procedure for Gujarat State Road transport Corporation Employees Rules ?" q. 2. "whether while dismissing the suit as premature or withdrawn the Civil court has power to give direction not to give effect to prospective penal order for a specified period to enable the party to approach the Court by way of fresh suit or to avail of any other remedy ?" q. 3. "whether the Civil Court has power to grant stay of departmental inquiry under the Discipline and Appeal Procedure for















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