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1999 Supreme(Guj) 507

R.BALIA
MOHIBULLAH USMANBHAI SHAIKH – Appellant
Versus
STATE – Respondent


Advocates Appeared: S.P.HASURKAR

R. BALIA, J.

( 1 ) THE petitioner has claimed the following reliefs in this petition substantively :-[a] Quashing and setting aside the order dated 31/1/95 [annexure i] directing respondent no. 1 to exercise his vested power under proviso [iii] below Rule 161 of B. C. S. R. together with continuity of service with all consequential benefits forthwith till the respondent nos. 2 onwards may be finalise all the terminal benefits on or before the date[s] by which they like to retire the petitioner or an award Rs. 2 lakhs per detaining be awarded to petitioner. [b] quashing and setting aside later part of order dated 4/11/96 directing respondent No. 2 to treat the impugned periods as on duty for all purposes by maintaining the leave balance of petitioner for encashment. [b-1] quashing and setting aside the part of recoveries from the face of order dated 4/11/1996 [annexure VII] passed by the respondent no. 2 of Rs. 63,590/directing the respondent No. 5 to refund the aforesaid recoveries affected on 5/11/1996 together with appropriate rate [s] of interest thereon from 5/11/1996 till the date of refund of the same. [c] to award the compensatory amounts of Rs. 6,80,000. 00 as prayed for vid



























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