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SCA/9050/1998 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9050 of 1998
=========================================
IMATKHAN
MUBARAKKHAN PATHAN - Petitioner(s)
Versus
FOOD
CORPORATION OF INDIA & 2 - Respondent(s)
=========================================Appearance
:
MR US
BRAHMBHATT for
Petitioner(s) : 1,
MR YF MEHTA for Respondent(s) : 1 - 3.
M/S
THAKKAR ASSOC. for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 07/10/2010
ORAL
ORDER
1. The
petitioner is before this Court being aggrieved by an order dated
24.5.1994, by which the selection grade granted by order dated
22.3.1994 was cancelled qua the petitioner (Annexure-‘A’, page 17).
It
is mentioned in order dated 24.5.1994 that order dated 22.3.1994
is cancelled so far as the petitioner is concerned because the
petitioner is found to have been involved in vigilance and
charge-sheets dated 12.7.1993 and 10.1.1994 were issued.
Learned
advocate Mr. Brahmbhatt for the petitioner invited attention of the
Court to letter dated 27.7.1995 (page 63/A), wherein it is stated
that, Further it is to state that Shri Pathan, AG.I(D) has been
exonerated by Distt. Manager, FCI, Sabarmati vide Office Order
No.V&S/4(3)/95 dtd. 30.3.95 and now he is free from vigilance
angle as far as this District concerned .
3. Learned
advocate Mr. Mehta appearing for FCI invited attention of the Court
to para 5 of the affidavit-in-reply and submitted that the petitioner
was not issued only one charge-sheet dated 12.4.1993 but there were
in all three charge-sheets. Other two being dated 12.7.1993 and
10.1.1994. Learned advocate Mr. Mehta further submitted that so far
as other two charge-sheets are concerned, the petitioner was awarded
penalty of ‘censure’.
4. Learned
advocate Mr. Mehta to place on record (1) the document in support of
the aforesaid submission that the petitioner was ‘censured’ in
remaining two charge-sheets, and (2) Rule/ Circular to show that
once an employee is censured, he will not be entitled to selection
grade either for a particular period or permanently.
The
matter is kept on 15th October 2010.
(RAVI
R.TRIPATHI, J.)
omkar
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