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SCA/14055/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14055 of 2008
=========================================================
ASHOKKUMAR
KANTILAL RAVAL - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MITUL K SHELAT for
Petitioner(s) : 1,
MR. J.K.Shah AGP for Respondent(s) : 1,
NOTICE
NOT RECD BACK for Respondent(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 29/12/2008
ORAL
ORDER
1. Rule.
Mr. Shah learned AGP waives service of rule on behalf of respondent
no.1.
2. At
the request of learned Advocates for the respective parties the
matter is taken up for hearing.
3. Mr.
Shelat, learned Advocate for the petitioner submitted that the
impugned order dated 6th January 2006, was passed in
gross violation of principal of natural justice.
4. Learned
Advocate for the respondent is not in a position to show from the
order that any notice was issued to the petitioner before passing
the impugned order. It is evident that the order has been passed
solely on the ground of the of the remarks made in the audit
report of the year 1991, which is in violation of principles of
natural justice.
5. In
view of the above, only on the ground of violation of principles
of natural justice, the impugned order dated 6th January
2006 is quashed and set aside. It will be open for the respondents
to pass appropriate orders after following the proper procedure. It
is clarified that this order is passed without entering into the
merits of the mater and only qua the present petitioner.
6. Rule
is made absolute to the aforesaid extent with no order as to costs.
(K.S.Jhaveri,J.)
*Himanshu
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