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SCA/3677/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3677 of
2011
=========================================================
PARSHOTAMBHAI
SHAMJIBHAI RATHOD - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR.
B.B. GOGIA FOR MR. ANAND B GOGIA
for
Petitioner(s) : 1,MR RB GOGIA for Petitioner(s) : 1,
MR. L.B.
DABHI, ASST. GOVERNMENT PLEADER for Respondent(s) : 1,
None for
Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 23/03/2011
ORAL
ORDER
1. This
petition, under Article 226 of the Constitution of India, has been
filed with the following prayers:-
“A)
Your
Lordships may be please to admit and allow this application.
B)
Your
Lordships may be please to quash and set a side the impugned order
dated June 09, 2010 (09.06.2010), September 20, 2008(20.09,2008),
November 21, 2008(21.11.2008), December 04, 2008(04.12.2008)as
Annexure-A colly.
holding that the said order are illegal unjust, contrary to
principles of natural justice, null and void, with further directions
to the Respondents to stop recovery on basis of the above said orders
and refund the amount to Petitioner which is recovered from his
salary on the basis of the said orders.
C)
Your
Lordships be pleased to direct Respondent No.3 to release and Pay
House Rent Allowance to the Petitioner as per rules from March 14,
2009(14.03.2009) and may continue to pay him in accordance with
rules.
D)
Pending
admission hearing and till final disposal of Petition, effect and its
further implementations of the communications dated June 09,
2010(09.06.2010), September 20, 2008 (20.09,2008), November 21,
2008(21.11.2008), December 04, 2008(04.12.2008) issued by Respondent
no 2 and 3 at Annexure-A colly
may
please be stayed and Respondents may please be directed not to
recover further amount from the salary of Petitioner on the basis of
the above said orders.
E)
To
pass any other and further orders as may be deemed fit and proper.”
2. At
the very outset, Mr. B.B. Gogia, learned advocate for the petitioner
states that the interest of justice would be met, if the petitioner
is permitted to make a representation to respondent No.3(Commandant,
State Reserve Police, Group-13) which may be directed to consider and
decide the same in a time-bound period.
3. Upon
the above statement being made by the learned counsel for the
petitioner, the following order is passed :-
(a) The
petitioner is permitted to make a representation to respondent No.3,
within a period of 15 days from today.
(b) In
the event that the representation is made within the stipulated
period of time, respondent No.3 shall consider and decide the same,
in accordance with law, within a
period of two months from the date of receipt of the representation.
It
is clarified that while passing this order, the Court has not entered
into the merits of the case.
4. The
petition is disposed of, in the above terms.
(Smt.
Abhilasha Kumari, J.)
Safir*
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