SCA/792620/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7926 of 2008 ========================================================= GULAMDASTGIRKHAN JABBARKHAN PATHAN - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR MEHUL M MEHTA for Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3,1.2.4 MR HH PARIKH AGP for Respondent(s) : 1, NOTICE SERVED for Respondent(s) : 1 - 2, 4, MR HS MUNSHAW for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 08/10/2008 ORAL ORDER
1. By
way of this petition, the petitioner has prayed to quash and set
aside the order dated 11.12.2006 passed by respondent no. 2, whereby,
an amount of Rs.1,26,136/- is sought to be recovered from the
gratuity amount of the deceased husband of the original
petitioner.
2. On
30.06.2008, this Court had issued Notice, making it returnable on
18.07.2008. Thereafter, on 17.09.2008, the matter was adjourned, so
as to enable the respondents to file reply. However, till today, no
reply has been filed. I have heard learned counsel for the respective
parties at length and perused the documents on record.
3. On
a bare perusal of the impugned order, it transpires that no reasons
have been assigned by the respondent authority for effecting the
said recovery. The learned AGP appearing on behalf of respondents is
also not in a position to show that reason/s have been assigned by
the respondent authority while passing the impugned order. Thus,
only on the ground that the impugned order is a non-speaking order
and that no reply has been filed by the respondents till now, in
spite of the earlier orders of this Court, the impugned order
deserves to be quashed and set aside.
4. In
view of the above, the impugned order passed by respondent no. 2, at
Annexure A to the petition, is quashed and set aside. The
petition is allowed. Looking to the status of the original petitioner
and since she had been made to run from pillar to post in order to
enjoy the retiral benefits of her deceased husband, a cost of an
amount of Rs.35,000/- [Rupees Thirty five thousand only] is imposed
on the authority concerned who has passed the order at Annexure A
to the petition and the said amount shall be recovered from the
personal account of the Officer concerned.
5. At
this stage, Mr. Parikh, learned AGP, requests to grant some time. It
is a very pitiable and shameful situation that in many matters
wherein the State is required to file its reply, no reply/s are filed
even after the lapse of a considerable long period. Therefore, the
Court is left with no other alternative but, to adjourn the matter
time and again. Looking to the facts of this case and the reasons
cited herein above, the request made by the learned AGP is rejected.
6. Registry
to send a copy of this order to the Chief Secretary, State of Gujarat
and the Secretary, Legal Department forthwith.
[K.
S. JHAVERI, J.]
Pravin/*