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2024 Supreme(Guj) 1126

N. V. ANJARIA, PRANAV TRIVEDI
District Collector – Appellant
Versus
Rajendrakumar A Barot – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR RONAK RAVAL
For the Respondent: MS HARSHAL N PANDYA

JUDGMENT :

N.V.ANJARIA, J.

Heard learned Assistant Government Pleader Mr. Ronak Raval for the appellant and learned advocate Ms. Harshal Pandya for respondent no.1. Notice is served upon respondent no.2 but none appears.

2. This Letters Patent Appeal is directed against judgment and order dated 22.06.2017 whereby the petition was allowed. The order of compulsory retirement dated 18.11.2018 passed against the respondent by the District Collector-respondent no.1 came to be set aside. Also was set aside the judgment and order dated 19.12.2011 passed by the Gujarat Civil Services Tribunal, Gandhinagar. The petitioner was directed to be reinstated in service consequential benefits including backwages as if the order of compulsory retirement was not passed.

2.1 What was prayed in the main petition was to set aside the order of compulsory retirement as well as the judgment of the tribunal. The prayer was made to set aside the disciplinary proceedings initiated by charge-sheet dated 21.06.2005 resulting into order of compulsory retirement.

3. The respondent herein-original petitioner was appointed as Gujarati Stenographer (Grade-III) in the office of the Collector, Bharuch whose posting was in

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