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2019 Supreme(Guj) 1048

A.S.SUPEHIA
G. M. Gohil Deputy Executive Engineer Bharuch – Appellant
Versus
Gujarat Housing Board – Respondent


Advocates Appeared:
For the Petitioner: Ms. Harshal N. Pandya.
For the Respondent: Mr. Vishrut Jani, A.G.P., Mr. Y.N. Ravani.

JUDGMENT :

A.S. SUPEHIA, J.

1. In the present writ petition, the petitioner has challenged the order of removal passed by the respondent-Gujarat Housing Board(respondent-Board) as well the inquiry report dated 21.01.2004.

2. The petitioner, in the captioned writ petition has initially challenged the show-cause notice dated 05.02.2004 issued by the Housing Commissioner. This Court vide interim order dated 24.02.2004 granted the stay against further inquiry. However, it appears that the same was modified vide order dated 16.12.2004 and the respondent-Board was directed to proceed with the departmental inquiry. After the aforesaid order, the petitioner submitted his reply dated 30.12.2004 to the show-cause notice dated 05.02.2004. Thereafter, the petitioner was removed from the service, which was placed on record by way of Civil Application No.5290 of 2005. By the order dated 20.07.2005, this Court disposed of the Civil Application No.5290 of 2005 by issuing direction restraining the respondents from implementing the decision of removal and further it was ordered to pay provisional pension. Thereafter, the petitioner reached the age of superannuation on 30.07.2005. Thus, throughout the p

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