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LPA/718/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 718 of 2008
In
SPECIAL
CIVIL APPLICATION No. 19496 of
2007
=========================================================
BHASKAR
G DAVE - Appellant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
HASIT H JOSHI for
Appellant
MS TANUJA KACHCHHI AGP for Respondent(s) : 1 - 2.
MR
PV HATHI for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M. DOSHIT
and
HONOURABLE
MR. JUSTICE K.M. THAKER 15th October, 2008
ORAL
ORDER
(Per : HONOURABLE
MS. JUSTICE R.M. DOSHIT)
The
present Appeal under clause 15 of the Letters Patent has been
preferred by the delinquent-servant against the judgment and order
dated 30th January, 2008 passed by the learned Single
Judge in above Special Civil Application No. 19496 of 2007.
At
the relevant time, the appellant was serving under the District
Panchayat, Jamnagar as a Deputy Accountant. In the year 1993, a
disciplinary proceeding was initiated against the appellant for
financial irregularities allegedly committed by the appellant. It was
alleged that various amounts totalling Rs. 91,815/= payable to the
creditors of the panchayat were siphoned away by the appellant and
were paid to the parties who had no outstanding claim against the
Panchayat. After holding due inquiry, the Inquiry Officer opined that
the imputation of charge of financial irregularities made against the
appellant was proved. In view of the guilt proved against the
appellant, by order dated 19th March, 1998 made by the
District Development Officer, Jamnagar, the appellant was ordered to
be dismissed from service. The said order was confirmed by the
Gujarat Civil Services Tribunal. The Special Civil Application No.
4945 of 2003 preferred by the appellant against the order of the
Tribunal was withdrawn by the appellant with a view to making
representation to the State Government. The representation made to
the State Government came to be rejected on 5th April,
2007. The State Government upheld order of punishment made against
the appellant and ordered recovery of the aforesaid sum of Rs.
91,815/= from the appellant. Feeling aggrieved, the appellant
preferred above Special Civil Application No. 19496 of 2007 before
this Court. The learned Single Judge has dismissed the petition.
Therefore, the present Appeal.
No
case for interference is made out. The Appeal is dismissed in
limine. Civil Application stands disposed of.
{K.M Thaker,
J.} {Miss R.M Doshit, J.}
Prakash*
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