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SCA/3697/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3697 of 2011
=========================================
CHETAN
VIMALCHANDRA JOSHI - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance
:
MR MB GANDHI for Petitioner(s)
: 1,MR CHINMAY M GANDHI for Petitioner(s) : 1,
MR JIRGA JHAVERI
ASST. GOVERNMENT PLEADER for Respondent(s) : 1,
NOTICE SERVED for
Respondent(s) : 1 - 2.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 11/10/2011
ORAL
ORDER
1. Heard
learned advocates for the parties.
2. Rule
returnable on 27th December,
2011. Learned AGP waives service of rule on behalf of
respondent-State.
3. Considering
the communication dated 31.5.2005, by which, adverse remarks for the
period between 1.4.2003 and 31.3.2004 were communicated to the
petitioner and Part-III contained serial Nos. 1, 9 and 10 and against
such adverse remarks a representation was submitted by the petitioner
to expunge said remarks and by order dated 28.5.2007 the competent
officer expunged adverse remarks of serial Nos. 1 and 10 and
confirmed item No.9 of Part-III. So far as Part-IV was concerned, it
was pertaining to general behaviour and conduct of the petitioner.
Later on by an order dated 30th March, 2009 period of
absence from 18.8.2003 to 31.8. 2003 for a period of 14 days came to
be regularized and the leave was sanctioned by the competent
authority, so as the case for the period between 15.1.2004 to
3.3.2004 (total 20 days) and period between 4.2.2004 to 23.2.2004 (20
days) was also sanctioned. Thus, basically remarks contained at item
No.9 of Part-III of communication dated 31st May, 2004 and
adverse remarks contained therein cannot remain in service record of
the petitioner and barring the above the case of the petitioner
deserves to be considered on merit in case if promotion for the
higher post is effected and DPC is convened, the case of the
petitioner be placed before the DPC to be considered in accordance
with law.
4. Direct
service is permitted.
[ANANT
S. DAVE, J.]
//smita//
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