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SCA/1454/1993 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1454 of 1993
=========================================================
K
S TRIVEDI - Petitioner(s)
Versus
UNDER
SECRETARY & 1 - Respondent(s)
=========================================================
Appearance
:
(MR
PB MAJMUDAR) for
Petitioner(s) : 1,
MR JK SHAH, AGP for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 17/11/2008
ORAL
ORDER
By
way of this petition, the petitioner has challenged suspension order
which was stayed by this Court. On 11/6/1993 this Court has passed
following order:
?SRule.
Heard the learned
counsel on the question of interim relief. It appears that the
incidents which are mentioned in the charge-sheet framed on 9th
April 1992 against the petitioner were also referred to in the
show-cause notice which was given to him on 11/7/1989. The
department did not take any action of suspending the petitioner for a
long time and the charge-sheet is framed in April 1992. Even
thereafter, the petitioner was allowed to work and the suspension
order is now made on 16/2/1993. When on the same facts, the
Department did not find any justification for pleading the petitioner
under suspension, it would be proper to stay the implementation of
the impugned order made after a lapse of over 5 years of alleged
incidents. It is, therefore, directed by way of interim relief that
further implementation of the order of suspension shall be stayed
during the pendency of this petition and the petitioner will be
allowed to resume work. Direct service permitted.??
In
view of the above, by efflux of time, present petition has become
infructuous. In that view of the matter, rule is discharged.
Interim relief, if any, stands vacated accordingly.
(K.S.JHAVERI,
J.)
(ila)
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