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LPA/1979/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1979 of 2007
In
SPECIAL
CIVIL APPLICATION No. 930 of 2000
With
CIVIL
APPLICATION No. 13773 of 2007
In
LETTERS
PATENT APPEAL No. 1979 of 2007
=========================================================
VIDYABEN
M PARMAR - Appellant(s)
Versus
VADODARA
DISTRICT PANCHAYAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
JAL SOLI UNWALA for
Appellant
MR HS MUNSHAW for
Respondents
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE K.M.THAKER 7th October, 2008
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M. DOSHIT)
This Appeal,
preferred under clause 15 of the Letters Patent, arises from the
judgment and order dated 3rd May, 2006 passed by the
learned Single Judge in above Special Civil Application NO. 930 of
2000. The appellant-delinquent was, at the relevant time, employed as
Auxiliary Nurse Midwife under the respondent-Vadodara District
Panchayat [hereinafter referred to as, the Panchayat ].
A disciplinary proceeding was initiated against the appellant in
respect of falsification of record and for recovery of motivation
money and transport expenses in the family planning camps held in the
months of March, 1988 and December, 1988. It was alleged that some
of the women allegedly motivated by the appellant were non-existing
persons. After holding due inquiry, by Order dated 15th
April, 1995 made by the Chief District Health Officer, Vadodara, the
appellant was held guilty and was ordered to be compulsorily retired
from service. That order was challenged before the Gujarat Civil
Services Tribunal, Ahmedabad [hereinafter referred to as, the
Tribunal ]. The Tribunal, by its order dated 17th
September, 1999 upset the finding of guilt recorded against the
appellant and set-aside the order of punishment. Feeling
aggrieved, the Panchayat preferred above Special Civil Application No
930 of 2000 before this Court. The petition has been allowed by the
learned Single Judge. The Order of the Tribunal is set-aside
and the order of punishment imposed upon the appellant has been
confirmed. Therefore, the present Appeal.
We have heard
the learned advocate extensively. No case for interference is made
out. The Appeal is dismissed in limine. Civil Application
stands disposed of.
{Miss R.M
Doshit, J.}
{K.M Thaker,
J.}
Prakash*
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