Gujarat High Court Case Information System
Print
SCA/15979/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15979 of
2011
=========================================================
JAYANT
G JOSHI - Petitioner(s)
Versus
VIJAYA
BANK & 2 - Respondent(s)
=========================================================
Appearance
:
MR
VIRAL M PANDYA for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 20/10/2011
ORAL
ORDER
1. Heard,
learned Counsel for the petitioner.
2. It
is submitted that against the order of dismissal, dated 26.10.2009,
passed by the disciplinary authority, the petitioner preferred an
appeal available under the rules before the disciplinary authority on
23.11.2009. At the same time, in Criminal Case No. 2345 of 2008, the
competent Court, namely Metropolitan Magistrate, Court No.13,
Ahmedabad, by judgment dated 31.03.2011, acquitted the petitioner,
against which no appeal is preferred and the said judgment has become
final.
3. In
the above circumstances, in the fitness of things, it is desirable
that the appellate authority decides the appeal preferred by the
petitioner on 23.11.2009, keeping in mind the judgment dated
31.03.2011 delivered in Criminal Case No. 2345 of 2008, since,
according to the learned Counsel for the petitioner, the charges in
the departmental inquiry and the criminal case are similar in nature.
Such a decision be taken by the appellate authority within a period
of EIGHT WEEKS from the date of receipt of the order /
writ of this Court, in accordance with law. In case if it is
ENVISAGED under the rules, an OPPORTUNITY
of personal hearing be given to the petitioner and he be informed,
accordingly. The intimation in this regard be sent to the petitioner.
4. With
the above observations, this petition is DISPOSED OF,
at this stage. No order as to costs. Direct service is permitted.
(ANANT
S. DAVE,J.)
Umesh/
Top