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SCA/8846/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8846 of 2010
=====================================
PARMAR
KIRITKUMAR DINESHBHAI - Petitioner(s)
Versus
DISTRICT
PRIMARY EDUCATION OFFICER & 3 - Respondent(s)
=====================================
Appearance
:
MR KB PUJARA for Petitioner(s)
: 1,
MR PV HATHI for Respondent(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) : 2 - 3.
MS MANISHA
NARSINGHANI, AGP for Respondent(s) :
4,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 21/09/2010
ORAL
ORDER
1.0 Rule.
Learned advocate Mr. Hathi for respondent nos. 1 and 2 and learned
Assistant Government Pleader Ms. Manisha Narsinghani for respondent
no. 4 waive service of process of Rule. Respondent no. 3 is not a
contesting party.
2.0 Heard
learned advocate Mr. Pujara for the petitioner, Mr. PV Hathi for
respondent nos. 1 and 2 and learned Assistant Government Pleader Ms.
Manisha Narsinghani for respondent no. 4. Though served, nobody
appears for respondent no. 3.
3.0 Taking
into consideration the submissions made by the learned advocate for
the petitioner and objections raised by learned advocate Mr. Hathi,
it is deemed fit, while taking care of the interest of the respondent
no. 1 i.e. District Primary Education Officer, Jamnagar District
Education Committee, the petitioner be allowed to join his wife at
Dahod.
3.1 The
petitioner is directed to file an Undertaking to this Court that as
and when he is communicated by the Jamnagar District Education
Committee to remain present in any proceedings by Registered Post
Acknowledgment Due letter, minimum 07 days in advance, he shall
remain present before the Jamnagar District Education Committee. Any
single breach of this Undertaking will disentitle the petitioner to
continue at Dahod and he will be under obligation to return to
Jamnagar.
3.2 The
petitioner should file Undertaking for appearance before the Criminal
Court as well.
3.3 The
Undertaking to be filed on or before 27th September 2010,
with an advance copy to learned advocate Mr. Hathi.
3.4 Once
the Undertaking is filed, the Director of Primary Education is
directed to see that order dated 19th April 2010, a copy
of which is produced at Annexure ‘A’, page 9, is implemented
immediately on or before 4th October 2010.
3.5 A
copy of this order be made available to the learned advocate Mr.
Hathi, learned Assistant Government Pleader Ms. Manisha Narsinghani
and to the learned advocate for the petitioner for its onward
communication for compliance.
4.0 Rule
is made absolute to the aforesaid extent with no order as to costs.
Direct service is permitted.
[
Ravi R. Tripathi, J. ]
hiren
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