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LPA/2956/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2956 of 2010
In
SPECIAL
CIVIL APPLICATION No. 6572 of 1994
With
CIVIL
APPLICATION No. 15623 of 2010
In
LETTERS PATENT APPEAL No. 2956 of 2010
=========================================================
B
P VORA - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MAHENDRA K PATEL for
Appellant(s) : 1,
MR NJ SHAH, AGP for Respondent(s) : 1,
MR HS
MUNSHAW for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 28/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. Heard
learned counsel for the appellant and Mr.N.J.Shah, learned AGP for
respondent No.1-State.
2. The
respondents found that there was mis-appropriation of some amount
with regard to installation of sub-standard pipes. By the punishment
order dated 21.4.1994, the authority awarded punishment to recover
Rs.100/- p.m. from the salary of the appellant for a period of 5
years. That means, a total amount of Rs.6,000/- was to be recovered
from the appellant.
3. The
appellant challenged the punishment order by means of Special Civil
Application No.6572 of 1994. Before the punishment order was passed
on 21.4.1994, the appellant had already retired in the year 1990. The
learned Single Judge has found that the charge against the appellant
with regard to mis-appropriation of fund was found to be proved and
after considering the evidence on record, the learned Single Judge
refused to interfere with the punishment order.
4. We
find no reason to interfere with the impugned order dated 4.5.2010
passed by the learned Single Judge. This appeal is devoid of any
merits and it is accordingly dismissed.
5. In
view of the order passed in the appeal, the Civil Application stands
dismissed.
(V.M.Sahai,
J.)
Sreeram. (G.B.Shah,
J.)
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