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2020 Supreme(Guj) 671

VIKRAM NATH, J.B.PARDIWALA
State of Gujarat – Appellant
Versus
Patel Bhogilal Vithhalbhai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dharmesh Devnani.
For the Respondent: Mr. Vaibhav A. Vyas.

JUDGMENT :

J.B. PARDIWALA, J.

1. This Appeal under clause 15 of the Letters Patent is at the instance of the State of Gujarat and others, being the unsuccessful respondents in a writ-application, and is directed against the judgment and order passed by a learned Single Judge of this Court dated 16th October 2019 in the Special Civil Application No. 7979 of 2013, by which the learned Single Judge partly allowed the writ-application filed by the respondent herein.

2. The facts giving rise to this Appeal may be summarised as under.

3. The respondent herein came to be appointed as a Field Assistant on 14th June 1969 in the Dabka PTC College. He ultimately retired as the Assistant Professor from the Government Ladies School upon attaining the age of superannuation, on 31st May 2006.

4. When the respondent herein was serving in the office of the District Education Officer, Vadodara, an FIR came to be lodged against him for the offences punishable under Section 161 of the IPC and Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act, 1947. The respondent was put on trial in the court of the Special Judge, Vadodara, in the ACB Case No. 8 of 1992. The Special Court, vide its

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