Gujarat High Court Case Information System
Print
SCA/9072/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9072 of 2010
=========================================================
HABIBKHAN
RAHIMKHAN PATHAN - Petitioner
Versus
STATE
OF GUJARAT & 2 - Respondents
=========================================================
Appearance
:
MR
HM PARIKH
AND MR RASESH H PARIKH for Petitioner.
MR RASESH RINDANI, ASSTT.
GOVERNMENT PLEADER for
Respondents.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 11/08/2010
ORAL
ORDER
The
petitioner has approached this Court with this petition, making the
following prayers:-
(A) Your
Lordships may be pleased to issue a writ of certiorari and/or an
other appropriate writ, order or direction, quashing and setting
aside the impugned order dated 20.7.2009 passed by respondent No.3
(at Annexure-C) and the order dated 15.2.2010 (annexure-D) vide which
the order at Annexure-C has been confirmed.
(B) Your
Lordships may be pleased to issue a writ of mandamus, or any other
appropriate writ, order and/or direction in the nature of mandamus,
directing the respondents to pay entire retirement benefits to the
petitioner including making payment of full amount of pension
regularly and also to pay the salary to the petitioner for the period
of suspension i.e. from 14.5.1992 to 16.3.1996.
(C) Pending
admission hearing and till final disposal of this petition, Your
Lordships may be pleased to grant stay of operation, execution and
implementation of the impugned orders dated 20.7.2009 (at Annexure-C)
and order dated 15.2.2010 (Annexure-D), in the interest of justice.
(D) — —- —-
2. The
petitioner came to be served with second show-cause notice
(Annexure-C), which he challenged by preferring an appeal and the
appeal came to be dismissed by the Appellate Authority by order
Annexure-D. The petitioner has then preferred Revision Application
(Annexure-E) before respondent No.2, on 15.3.2010, which is yet not
decided.
3. If
the petitioner has preferred such a revision, which is pending before
the respondent-authority, the same has to be decided expeditiously.
Under the circumstances, without entering into the merits of the
petitioner’s case, this petition is disposed of with a direction to
the respondent-authority to decide the revision application preferred
by the petitioner expeditiously, preferably within 8 weeks, but not
later than 12 weeks, from the date of receipt of writ of this order,
if the revision is still pending. The petition stands disposed of
accordingly.
[A.L.Dave,J.]
(patel)
Top