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LPA/2497/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2497 of 2010
In
SPECIAL
CIVIL APPLICATION No. 9671 of 2008
With
CIVIL
APPLICATION No. 12870 of 2010
In
LETTERS
PATENT APPEAL No. 2497 of 2010
=========================================
N.N.
DODIA
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR HEMANT S SHAH for
Appellant.
MR JANAK RAVAL, AGP for
Respondent.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 23/11/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
The
appellant having been dismissed after a regular departmental enquiry
and having been found guilty of serious misconduct thereat,
approached this Court by way of a petition under Article 226 of the
Constitution, wherein learned Single Judge has found even the
punishment to be not disproportionate. Therefore, preferring present
appeal, it is sought to be reiterated on behalf of the appellant that
the appellant having been a doctor in service for no less than
thirteen years, a lenient view could have and ought to have been
taken so as to afford him an opportunity of at least claiming his
terminal benefits or retiral dues. Such argument cannot be accepted
in view of the fact that the appellant has been held guilty of a
serious charge of corruption. Therefore, the appeal as well as the
Civil Application are dismissed in limine.
(D.H.Waghela,
J.) (J.C.Upadhyaya,
J.)
*malek
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