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2025 Supreme(Guj) 1796

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, L. S. PIRZADA
B H Dave Since Deceased Through His Heirs Hansaben Balchandra Dave – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared: For the Appellant :Mr Vaibhav A Vyas For the Respondent: Ms Shruti Dhruve, AGP, Notice Served

ORDER :

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned advocate Mr. Vaibhav Vyas for the petitioner and learned Assistant Government Pleader Ms. Shruti Dhruve for the respondents.

2. By this appeal under Clause 15 of the Letters Patent Act, the appellant- original petitioner has challenged the order dated 20.02.2024 passed by the learned Single Judge in Special Civil Application No. 21266/2007.

3. Brief facts of this appeal are as follows:

3.1 The appellant joined the service on 05.03.1983 as direct recruit Store Keeper and in due course, he was promoted to the post of Forman (Class- III) on 24.11.1992. At the relevant point of time, the appellant was also given charge of In-charge Principal (Class-II).

3.2 It is the case of the appellant that the charge-sheet was issued on 18.10.2003 for the charges which were denied by the appellant by defense statement dated 17.04.2004. The appellant had submitted his defense statement before the Inquiry Officer on 13.07.2005.

3.3 One Mr. C.D.Patel was appointed as Inquiry Officer on 15.09.2004 who submitted inquiry report on 01.08.2005 holding that the charges levelled against the appellant are partly proved. It was held that out of

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