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2006 Supreme(Guj) 77

D.H.WAGHELA
J. M. DAVE – Appellant
Versus
COMMISSIONER OF FISHERIES – Respondent


Advocates Appeared: A.S.SUPEHIA, RITA CHANDARANA

( 1 ) ALTHOUGH by its title, the petition is invoking articles 14, 226 and 227 of the Constitution, it is, in fact and in effect, challenging the order dated 6. 7. 2005 of the Gujarat Civil Services Tribunal in Appeal No. 319 of 2001, whereby the order dated 25. 5. 2001 of punishment made against the petitioner was confirmed and the appeal of the petitioner was rejected. That appeal was the second round of litigation before the Tribunal after the judgment and order dated 20. 2. 2001 whereby the appeal against the original order of punishment was partly allowed and the matter was remanded for reconsideration.

( 2 ) THERE is no dispute about the fact that, after the petitioner being granted an opportunity of being heard, the order dated 25. 5. 2001 was made. Thus, in short, the original order dated 1. 12. 1998 imposing punishment of stoppage of one increment with future effect is the order against which the petitioner has been taking up one after the other proceedings. The objections now sought to be agitated against the second order dated 25. 5. 2001 which was confirmed by the Tribunal, are that even after a direction to give to the petitioner an opportunity of being heard and the p







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