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2014 Supreme(Guj) 989

V.M.SAHAI, K.J.THAKER
Hriyer – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vaibhav A. Vyas.
For the Respondents: Mr. N.J. Shah, Mr. Premal R. Joshi.

JUDGMENT :

K.J. THAKER, J.

1. The appellant has preferred this appeal against the judgment and order dated 12.9.2013 passed by the learned Single Judge whereby the petition has been dismissed.

2. We have heard Mr. Vaibhav A. Vyas learned advocate for the appellant, Mr. Premal Joshi learned advocate for respondent no. 2 and Mr. N.J. Shah learned AGP for respondent no. 1.

3. The facts of the present case are that the appellant had joined the service as Government Labour Officer on 2.3.1982. He was issued a show cause notice dated 18.7.2005 whereby the appellant was called upon to show-cause as to why the disciplinary proceedings under the Gujarat Civil Service (Discipline and Appeal) Rules 1971 be not initiated for the alleged misconduct. That the basis of issuance of the said notice was a complaint given by one Dr. Madhvi J. Sheth of Govind Clinic against the appellant, wherein, she had alleged that the appellant had filed two criminal cases against her under the provisions of Minimum Wages Act, though the said clinic had kept necessary record and the appellant was intentionally harassing the complainant. The appellant submitted his reply to the show cause notice on 2.8.2005. Thereafter

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