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2009 Supreme(Guj) 255

M.R.SHAH
Gangaram Panachand Prajapati – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Tejas M Barot, for Petitioner No. 1.
Ms. Krina Calla, AGP for Respondent No. 1.
None, for Respondent No. 2.

Judgment

M.R. Shah, J.—By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction and/or order quashing and setting aside the impugned order dated 13.4.2009 passed by the respondent No. 2 dismissing the petitioner, on conviction for the offences under the provisions of Prevention of Corruption Act.

2. Petitioner was serving as a Medical Officer, Class II with the department of Health and Family Welfare. While he was serving at Primary Health Center, Malan, Tal: Palanpur, Dist. Banaskantha, a criminal case was instituted against the petitioner for the offences punishable under Sections 7, 13(1)(d), (1)(2)(3) and Section 13(2) of the Prevention of Corruption Act, in the month of June, 2003, on raid bing carried out by the Anti Corruption Bureau, Palanpur. The petitioner was tried by the learned Additional Sessions Judge, 5th Fast Track Court, Palanpur in Special ACB Case No. 121 of 2003. That during the trial, the petitioner came to be suspended w.e.f. 1.10.2003. That the petitioner came to be charge sheeted and departmental inquiry came to be initiated against the petitioner vide charge sheet dated 3.6.2004. That du












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