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SCA/5972/2001 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5972 of 2001
For
Approval and Signature:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
=========================================
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 ?
=========================================
G
J PATEL CITY SURVEY
Versus
STATE
OF GUJARAT
=========================================
Appearance :
MR
RN SHAH for
Petitioner
MS V.S. PATHAK AGP for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 23/02/2011
ORAL
JUDGMENT
1 The subject matter of
challenge in the present petition is order of suspension, which was
passed against the petitioner on 3.7.2001, which is at Annexure-`G’
to the petition.
2 Vide Order dated 6.9.2001,
the impugned order of suspension, came to be stayed pending the
hearing and final disposal of this petition. While staying the
operation of the order of suspension, the Court clarified that
grant of interim relief, shall not come in the way of the department
proceeding against the petitioner, qua, departmental inquiry,
proposed to be initiated against the petitioner and take further
action in accordance with law.
3 The order of suspension
remained stayed from its operation, implementation and execution all
throughout until the petitioner attained superannuation. This means
that the petitioner has rendered his services all throughout and has
also been paid regular salary. In view of this, I deem it fit and
proper to dispose of the entire petition in terms of the interim
relief which was already granted at the time of admission of this
petition. Any other order will have a far reaching consequence
because the petitioner has already retired from service and a
situation should not arise wherein some proceedings of recovery
are initiated against the petitioner.
4 Under such circumstances, I
deem it fit and proper to dispose of this entire petition in terms
of the interim relief which was granted earlier and to the aforesaid
extent the rule is made absolute.
(J.B.PARDIWALA, J.)
pnnair
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