SCA/16154/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 16154 of 2007 ========================================================= BABULAL LALLUBHAI PATEL - Petitioner(s) Versus PRINCIPAL- KHAREDA PRIMARY SCHOOL & 2 - Respondent(s) ========================================================= Appearance : MR ANIL S DAVE for Petitioner(s) : 1,MS NITUBALA BHATIYA for Petitioner(s) : 1, DS AFF.NOT FILED (N) for Respondent(s) : 1 - 3. MR DHAVAL M BAROT for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD Date : 04/07/2008 ORAL ORDER
Heard
learned advocate Mr. Meena on behalf of petitioner, learned advocate
Mr. Barot appearing for respondent no. 2.
The
petitioner was suspended by order dated 19/21/3/2003 because he was
arrested by Police authority under the Crime register no. 57/2003 at
Patan City Police Station for the offense punishable under section
302, 452, 12(O)(B) and 34 of B. P. Act, 135.
According
to the terms of suspension order petitioner is entitled for the
suspension allowance as per Bombay Civil Services Rules, 151.
The
further condition was incorporated that during suspension period, he
was not allowed to work in any private firm or to do business. If,
ultimately, petitioner is held to be guilty, accordingly, action
will be taken by authority at that occasion, that petitioner is not
entitled to claim suspension allowance.
Learned
advocate Mr. Meena submitted that from the date of 21/3/2003 till
date of termination 5/5/2007, no suspension allowance is paid by
respondent authority to petitioner.
Learned
advocate Mr. Barot appearing for respondent submitted that after
termination of petitioner on the basis of conviction, respondent has
not decided issue about suspension allowance whether petitioner is
entitled or not. No decision is taken by respondent.
Therefore,
in light of this back ground, it is directed to respondent to pass
appropriate order about suspension period from 21/3/2003 to 5/5/2007
under the Provision of Bombay Civil Service Rules before the next
date of hearing.
Meanwhile,
it is open for respondent to file reply about raising preliminary
contention that writ petition is not maintainable.
Therefore,
matter is adjourned on 28/7/2008.
(H.K.RATHOD,
J)
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