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SCA/8823/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8823 of 2011
=========================================================
MANHARBHAI
MAGANBHAI PATEL - Petitioner(s)
Versus
MUNICIPAL
COMMISSIONER AMC & 1 - Respondent(s)
=========================================================
Appearance
:
MR
NM KAPADIA for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 19/07/2011
ORAL
ORDER
Heard
learned Advocate Mr. NM Kapadia for petitioner.
It
is submitted by learned advocate Mr.Kapadia that petitioner was
placed under suspension during pendency of criminal proceedings
against petitioner with effect from 5th May, 2000.
Thereafter, he was declared to have been acquitted by sessions court
on 23.8.2004 and before that, he was reinstated by reviewing order
of suspension on 17.12.2002 but thereafter, one regular increment
has been paid to him and subsequently, on obtaining opinion,
respondent corporation has discontinued said regular increment and
whatever amount is paid for said increment, that has been recovered
by respondents from petitioner. Therefore, legal notice has been
served by petitioner through advocate dated 30.4.2011 page 42 which
has not been decided and examined by respondent corporation.
Therefore,
it is directed to respondent Municipal Commissioner, Ahmedabad
Municipal Corporation Ahmedabad and Chief Accountant Finance
Department, AMC, Ahmedabad to consider aforesaid legal notice dated
30.4.2011 served by petitioner through advocate and examine
grievance raised therein and thereafter to pass appropriate reasoned
order in accordance with service rules within three months from date
of receipt of copy of present order and communicate decision to
petitioner immediately thereafter.
In
view of these observations and directions, this petition is disposed
of by this Court without expressing any opinion on merits. D.S.P.
(H.K.Rathod,J.)
Vyas
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