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2017 Supreme(Guj) 1839

M.R.SHAH, BIREN VAISHNAV
Arvindkumar Vijaykrushna Mahajan – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: N.K. Majmudar
For the Respondent: Rohan Yagnik, AGP

JUDGMENT :

M.R. SHAH, J

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12.01.2017 passed by the learned Single Judge in Special Civil Application No.16424 of 2016 (Arvindkumar Vijaykmar Mahajan V. State of Gujarat) by which the learned Single Judge has dismissed the said petition preferred by the appellant herein – original petitioner, the original petitioner – employee has preferred the present Letters Patent Appeals under Clause 15 of the Letters Patent.

2. The facts leading to the present Letters Patent Appeals in nutshell are as under:

2.1. That the appellant herein – original petitioner who at the relevant time was serving as Assistant Engineer was placed under suspension by order dated 30.07.2009 which was followed by a criminal case lodged against him under the provisions of Prevention of Corruption Act (hereinafter referred to as “P.C. Act”). A complaint came to be lodged against him under the PC Act with ACB Police Station and therefore, he was placed under suspension by order dated 30.07.2009. It appears that thereafter the review of the decision of suspension of the petitioner was done by the authorities and by order dated 04.04.2013, the origi















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