Gujarat High Court Case Information System
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SCA/10796/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10796 of 2009
=========================================================
ALL
INDIA ANTI CORRUPTION & HUMAN RIGHT COUNCIL - Petitioner(s)
Versus
DISTRICT
COLLECTOR & 8 - Respondent(s)
=========================================================
Appearance
:
MR
JV JAPEE
for
MS GAYATRI B JADEJA for Petitioner
MR UMESH TRIVEDI ADDL
GOVERNMENT PLEADER for Respondent(s) : 1, 9,
MR ASIM PANDHYA for
M/s HL PATEL ADVOCATES for Respondent(s) : 2,
MR SUNIL S JOSHI for
Respondent(s) : 2,
MR BD KARIA for Respondent(s) : 3,
MS
SURAMYA M PATHAK for Respondent(s) : 3,
None for Respondent(s) : 4
- 8.
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER 1st October 2010
ORAL
ORDER
(Per :
HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
From the affidavit filed by the respondent, it
appears that unreasonably excessive time is given for completion of
departmental proceeding. A time-frame of 380 days is provided to
complete the same. In normal course, a departmental proceeding; if
initiated, is supposed to be completed within 3 to 6 months.
But, in this case, as we find that more than 1 year’s time is given
for completion of departmental proceedings, we have doubt with
regard to such guidelines issued by the State Government. To
determine whether such guideline is arbitrary, having any nexus to
the object to be achieved and against the public interest, we direct
the respondents to file affidavit enclosing therewith a copy of the
guidelines dated 20/07/1993 alongwith English version by the
next date.
Post the matter on 11/10/2010.
{S.J
Mukhopadhaya, CJ.}
{K.M
Thaker, J.}
Prakash*
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