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SCA/14909/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14909 of 2011
=========================================================
RAJEBHAI
ALIMADBHAI MOMIN - Petitioner(s)
Versus
COMMISSIONER
OF EDUCATION & 3 - Respondent(s)
=========================================================
Appearance
:
MR
MAHENDRA K PATEL for
Petitioner(s) : 1,
MS ASMITA PATEL, ASST.GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 10/10/2011
ORAL ORDER
1. This
petition under Article 226 of the Constitution of India has been
filed, with the following prayers :
“(A) YOUR
LORDSHIPS may be pleased to issue appropriate writ, order or
direction, directing the respondent nos.1 to 3 to forthwith inquire
into the allegations made by the petitioner in its representation
dated 14.08.2010 and reminder dated 21.09.2010 and thereafter take
appropriate steps against respondent No.4 in accordance with law,
including filing of criminal complaints, etc. for various
irregularities committed by it, in the interest of justice;
(B) YOUR
LORDSHIPS may be pleased to direct the
respondent nos.1 to 3 to place report before this Hon’ble Court after
carrying out inquiry into the
allegation made by the petitioner in its representation dated
14.08.2010 and reminder dated 21.09.2010, pending the admission,
hearing and final disposal of this petition;
(C) YOUR
LORDSHIPS may be pleased to direct the respondent nos.1 to 3 to place
before this Hon’ble Court the Action Taken Report in response to
representation dated 14.08.2010 and reminder dated 21.09.2010 made by
petitioner to respondent nos.1 to 3, pending the admission, hearing
and final disposal of this petition;
(D) YOUR
LORDSHIPS may be pleased to call upon the respondent no.1 to 3 to
give explanation for not taking action/initiating steps against
respondent no.4 till date despite various representations pointing
out various irregularities committed by respondent no.4, pending the
admission, hearing and final disposal of this petition;
(E)
YOUR LORDSHIPS be pleased to pass such other and further order as
the nature and circumstances of the case may be required.”
2. Mr.Mahendra
K. Patel, learned advocate for the petitioner submits that the
petitioner has made representations dated 14.08.2010 and 21.09.2010
to respondents Nos.1 to 3, however, the same have not been decided by
the said respondents, so far. It is submitted by the learned advocate
for the petitioner that the interest of justice would be met, if
respondent No.1 may be directed to consider and decide the
representations, in a time-bound manner.
3. Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed :
Respondent
No.1 may consider and decide the representations dated 14.08.2010 and
21.09.2010 made by the petitioner, in accordance with law, within a
period of six weeks from the date of receipt of a copy of this order.
The
petition is disposed of, in the above terms, without entering into
the merits of the case.
Direct
service of this order is permitted.
(Smt.
Abhilasha Kumari, J.)
~gaurav~
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