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SCA/418/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 418 of
2011
=========================================================
CHAVDA
KAMLESH GHANSHYAMBHAI - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
PRABHAKAR UPADYAY for
Petitioner(s) : 1,
MR. PRANAV TRIVEDI, LEARNED ASST. GOVERNMENT
PLEADER for Respondent(s) :
1-3
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 27/01/2011
ORAL
ORDER
1. Notice.
Mr. Pranav Trivedi, learned Assistant Government Pleader waives
service of Notice for the respondents.
2. This
petition, under Article 226 of the Constitution of India, has been
filed with the following prayers:-
“(A) Your
Lordships may kindly be pleased to issue a writ of Mandamus and/or
any other appropriate writ, direction and/or order to quashed and set
aside the impugned communication/letter dated 06.12.2010 passed by
the present respondent authorities at Annexure-D to this petition.
(B) Your
Lordships may kindly be pleased to direct the present respondent
authorities to give the appointment to the present petitioner on the
post of Asst. Police Sub Inspector (unarmed) w.e.f. 28.11.2010 with
all consequential benefit to which the present petitioner is entitled
too.
(C) Pending
hearing and final disposal of this petition, your Lordships may
kindly be please to direct the present respondent authorities to give
the appointment to the present petitioner to the post of Asst. Police
Sub Inspector(unarmed pursuance to his selection.
(D) Any
such other and further order which deems to fit, just and proper in
the interest of justice.”
3. Briefly
stated, the case of the petitioner is that he has the requisite
qualifications for appointment to the post of Assistant Police Sub
Inspector (unarmed) and he has appeared and cleared examinations
conducted by respondent No.3 on 05.06.2010 and 06.06.2010. According
to the petitioner, he was called for personal interview on 11.08.2010
and has been found medically fit for the post of Assistant Police Sub
Inspector(unarmed) in the physical test by the Medical Officer. The
grievance of the petitioner is that though his name has been included
in the select-list prepared by the respondents, he has not been
considered for appointment to the post of Assistant Police Sub
Inspector(unarmed), on the ground that F.I.R. No.45 of 2003 had been
registered against him in Police Station, Bhaktinagar, Rajkot City,
under sections 506(2) 504 and 114 of the Indian Penal Code. The
petitioner has been acquitted by judgment dated 14.12.2010 passed in
Criminal Case No.4206 of 2003 by the competent Court, which fact has
been communicated to the respondents by the petitioner, by letter
dated 21.12.2010. Subsequently, the petitioner has also made
representation dated 28.12.2010 to respondent No.2 in this regard,
which is still pending.
4. Mr.
Prabhakar Upadhyay, learned advocate for the petitioner submits that
the interest of justice would be met, if the concerned respondent is
directed to consider and decide representation dated 28.12.2010 made
by the petitioner, within a stipulated period of time.
5. Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed:-
(a) Respondent
No.2 shall consider and decide representation dated 28.12.2010 made
by the petitioner, taking into consideration the judgment of
acquittal passed by the concerned Criminal Court.
(b) The
decision shall be taken, as expeditiously as possible, and preferably
within a period of three months from the date of receipt of a copy of
this order.
6. The
petition is disposed of, in the above terms.
Direct
Service of this order is permitted.
(Smt.
Abhilasha Kumari, J.)
Safir*
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