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SCA/730/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 730 of 2010
=========================================
UNION
OF INDIA AND OTHERS
Versus
HAMIR
GHELABHAI
=========================================Appearance
:
MR ANSHIN H
DESAI for
the Petitioners
MR HASIT H JOSHI for the
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 10/02/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
the learned counsel for the parties.
The
material consideration, which is struck us in the order of the
Central Administrative Tribunal is that the Tribunal has observed
that if the delinquent would have cross-examined the witnesses, who
had appeared in the departmental inquiry, then his defence in the
criminal case would be jeopardized.
We
are informed by the learned counsel for the parties that there was no
criminal case instituted against the delinquent. Since there was no
criminal case pending against the delinquent, there was no question
of prejudice to the accused and this fact should not have been
weighed with the Tribunal. Therefore, that part of the order of the
Central Administrative Tribunal, Ahmedabad Bench at Ahmedabad in
Original Application 329 of 2008 dated 16.10.2009 is set aside
without considering the question of prejudice to the delinquent on
the ground of the pendency of criminal case, which is non-existent
fact.
With
the aforesaid observations, the present Special Civil Application is
disposed of. The matter will be proceeded by the Central
Administrative Tribunal. The Tribunal will consider the matter afresh
in accordance with law, without being prejudiced by the fact that
there is any criminal case pending against the delinquent.
Direct
service is permitted.
(BHAGWATI
PRASAD, J.)
(BANKIM
N. MEHTA, J.)
omkar
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