JUDGEMENT

1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of Rule for the respondents.

2. With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.

3. The challenge in this petition is to the order dated 21.12.2012 dismissing the petitioner from the post of Armed Police Constable, Buckle No.607, State Reserve Police Force, Group 12, Gandhinagar and the appellate order dated 17.9.2013.

4. Confronted with the question whether the petition should not be entertained only on the ground of delay, Mr. Jeet J. Bhatt, learned counsel for the petitioner would draw the Court’s attention to the order dated 25.11.2016 passed in SCA No. 2224 of 2012 by the Coordinate Bench of this Court in the case of Mahendrasinh Gayaprasad Mali v. State of Gujarat where orders of dismissal were challenged by the colleagues of the petitioner and this Court had allowed the petitions. Subsequently on 13.7.2018 on the remand made, even before the Division Bench where the State was in appeal by way of LPA No.1076/2019, the only modification in the order that was mad