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2014 Supreme(Guj) 46

C.L.SONI
Abdulsattar R. Mansuri – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
Mr. K.B. Pujara with Mr. Hashim Qureshi, Advocate for the Petitioner.
Mr. Ronak Raval, Assistant Government Pleader for the Respondent.

JUDGMENT

C.L. SONI, J.

1. The petitioner has made following prayers under para 7 in his petition filed under Article 226 of the Constitution of India:-

(A) That this Hon’ble Court be pleased to admit and allow this petition.

(B) That this Hon’ble Court be pleased to hold that the action of the respondents, unconstitutional and suffers from malafide and the prolonged inquiry was in violation and in breach of this Hon’ble High Court’s order dated 14.10.2002 in Special Civil Application No. 7721 of 2002 (Annexure ‘D’) and order dated 29.08.2003 in Special Civil Application No. 12580 of 2003 (Annexure ‘E’) and be pleased to further set aside the same as the punishment is disproportionate to the alleged charges.

(C) That this Hon’ble Court be pleased to quash and set aside the order of compulsory retirement passed by respondent no. 2 bearing No. Kh.T.P./142002/1512/E dated 10th September 2009 passed by respondent no. 2 (Annexure ‘A’).

(D) That this Hon’ble Court be pleased to reinstate the petitioner on the post originally held by the petitioner from the date on which he was suspended in July 2002 till the date of his alleged compulsory retirement vide order bearing No. Kh.T.P./142002/15



































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