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LPA/2518/2004 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2518 of 2004
In
FIRST
APPEAL No. 2 of 1992
For
Approval and Signature:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
==========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
==========================================
SITA
RAM CHHOTALAL BARBAR
Versus
STATE
OF GUJARAT AND OTHERS
==========================================Appearance
:
MR JA ADESHRA
for the Appellant
MS MITA PANCHAL, ASSTT GOVERNMENT
PLEADER for Respondent(s) : 1,
RULE SERVED BY DS for Respondent(s)
: 2 - 3.
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 26/08/2008
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
1. On
the day when the appeal was admitted, the following order recording
the statement was passed:
?SLearned
counsel says that he would not press the appellant’s challenge to
the inquiry proceedings but submits that the Court may consider the
issue of proportionality of punishment.
Notice
to the respondents for October 10, 2005 for final disposal of the
appeal in so far as the notice of quantum of punishment is
concerned.
Direct
service is permitted.??
2. The
only question which could be gone into in this appeal is
regarding quantum of punishment. The fact of second marriage
having been proved, the punishment which has been awarded is the
punishment of dismissal. The appellant is a police employee. That
being the position, this appeal would not merit consideration. We
are not inclined to interfere with the punishment awarded by the
Inquiry Officer. The appeal has no force and it is dismissed.
(BHAGWATI
PRASAD, J.)
(S.R.BRAHMBHATT,
J.)
omkar
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