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2014 Supreme(Guj) 1038

V.M.SAHAI, K.J.THAKER
Sadevant Manilal Brahmbhatt – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Mr. Vaibhav A. Vyas, Advocate
For the Respondent: Mr. N.J. Shah, AGP.

JUDGMENT :

K.J. Thaker, J.

By way of this appeal, the appellant has challenged the judgment and order of the learned Single Judge dated 6.11.2012 passed in Special Civil Application No. 2461 of 2001, whereby, the petition preferred by the appellant has been dismissed.

2. The genesis of the dispute arises and reverted back in the year 1996 when the appellant was placed under suspension. The department enquiry was conducted against him. In the departmental enquiry, the Inquiry Officer who submitted his report holding the appellant not guilty of the sole charge as the same having been not proved. The Disciplinary Authority, after one year disagreed with the report of the Inquiry Officer, and that too, after the appellant had retired from service, which was communicated to the appellant, vide order dated 24.8.1998 Annexure-F to the petition, directing the appellant to show cause as the Disciplinary Authority had disagreed with the Inquiry Officer's report as the charge levelled against the appellant was partially proved. There is a mistake in the order itself as the case was of single charge and the Deputy Secretary, in his order wanted to see that the appellant is harassed and deprived o

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