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2013 Supreme(Guj) 113

K.M.THAKER
STATE OF GUJARAT – Appellant
Versus
U. D. KHATRI – Respondent


Advocates appeared:
Rashesh Rindani, A.G.P., for the Petitioner.

Judgment :

K.M. THAKER, J.

Heard Mr. Rashesh Rindani, learned Assistant Government Pleader for the petitioner-State.

2. In the present petition, the petitioner has prayed that :

Your Lordships be pleased to issue appropriate writ, order or direction quashing and setting aside the order passed by the learned Gujarat Civil Services Tribunal at Gandhinagar in Appeal No. 20 of 2007 dated 25-10- 2011, in the interest of justice.

3. Thus, the petitioner is aggrieved by order dated 25-10-2011 passed by learned Gujarat Civil Services Tribunal, Gandhinagar in Appeal No. 20 of 2007.

4. So far as the said order dated 25-10-2011 is concerned, the relevant operative part of the order reads as under :

"The appeal succeeds partly. The order of Inspector General of Prisons dated 2-10-2007 is quashed and set aside. The matter is remanded back to the disciplinary authority to start proceeds from the stage of issuing a fresh charge-sheet and conduct of proceedings as discussed in the body of judgment.

Pronounced this on 25th day of October, 2011."

5. On examination of the record and particularly the impugned order, it emerges that after considering the entire material on record, learned Tribunal found that







































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