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2022 Supreme(Guj) 939

A. J. DESAI, MAUNA M. BHATT
Rajumiya Hanif Saiyed – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR GAUTAM JOSHI, MR VYOM H SHAH
For the Respondent: MR TIRTHRAJ PANDYA, Adv

JUDGMENT :

A. J. DESAI, J.

1. The Appellate Bench exercising powers under Clause 15 of the Letters Patent is requested to deal with the orders passed by the respondent authorities dismissing the services of the appellant exercising powers under the proviso of Clause (2) of Article 311 of the Constitution of India read with Rule 14 of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 (hereinafter referred to as 'GCSR') which orders have been confirmed by learned Single Judge.

2. The challenge in the present appeal is against oral judgment dated 12.1.2016 passed by learned Single Judge in captioned writ petition by which learned Single Judge has refused to issue a writ of mandamus for quashment of the order dated 15.2.2003 passed by respondent No.3 i.e. Commissioner of Police, Ahmedabad city who exercised his powers under the aforesaid Rules and dismissed the services of the appellant without holding any departmental inquiry and the said order has been confirmed by orders dated 30.10.2003 passed by Appellate Authority and the order dated 24.3.2006 passed by Revisional Authority.

3. The short facts arise from the record are as under :-

3.1 That the appellant was appointed as a

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