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SCA/946/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 946 of 2010
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NARENDRA
N VYAS - Petitioner(s)
Versus
GUJARAT
URJA VIKAS NIGAM LTD & 1 - Respondent(s)
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Appearance
:
MR NK MAJMUDAR for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/03/2010
ORAL
ORDER
1. The
petitioner has prayed to quash and set aside the order passed by
the respondent No. 1 dated 31st March 2005 rejecting the
Appeal preferred by the petitioner and confirming the order passed
by the First Appellate Authority dated 22nd April 2003 as
well as the order of punishment dated 11th November 2002
and to hold that the order passed by both the Appellate authorities
as well as the order of punishment dated 11th November
2002 are not just and proper and the punishment imposed upon the
petitioner is not commensurate to the charges leveled against the
petitioner.
2. Admittedly
the impugned order is of the year 2006, which is challenged after an
inordinate delay. In the case of Shiv Dass Vs. Union Of India and
Others, reported in AIR 2007 SC 1330, it is held that if petition
is filed beyond reasonable period, say three years, normally the
Court would reject the same or restrict the relief.
3. In
view of the above settled legal position, and in view of the fact
that the present petition has been filed after a period of three
years, this petition is summarily rejectedd.
(K.S.
Jhaveri,J.)
mary//
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