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2021 Supreme(Guj) 571

BHARGAV D.KARIA
R N DABHI – Appellant
Versus
HIGH COURT OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR VILAS G GOSWAMY
For the Respondent: MR PARITOSH CALLA

JUDGMENT :

1. Heard, learned Advocate, Mr. Vilas G. Goswamy, for the petitioner, learned Advocate, Mr. Paritosh Calla, for Respondent Nos. 1 and 2 thorough video conference.

2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

    “20. …

(A) Quashing and setting aside the order dated 16-5-94 compulsorily retiring the petitioner from service as confirmed by the appellate order dated 11-5-99 and to reinstate the petitioner in service with all the consequential benefits, including back wages with 12% interest.

(B) During the pendency and final disposal of this petition, respondent no.2 may be directed to reinstate the petitioner in service.

(C) ...”

2. The brief facts of the case are that the petitioner was serving as Jr. Clerk in Court of the learned Civil Judge, Gogha, Bhavnagar, in the year 1987-88. A charge-sheet dated 15.04.1988 was served upon the petitioner by Respondent No.2-District Judge, Bhavnagar, containing three charges, viz. (i) demand and acceptance of bribe of Rs.850/- from one Shri. Mahesh Sindhi, (ii) in three traffic cases, he took excess amount of fine, without issuing receipts and (iii) he demanded Rs.1,000

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