Gujarat High Court High Court

Special Civil Application No. … vs Unknown on 2 August, 2010

Gujarat High Court
Special Civil Application No. … vs Unknown on 2 August, 2010
Author: R.M.Doshit,&Nbsp;
     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



     SPECIAL CIVIL APPLICATION No. 9321 of 2002



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     BIPINBHAI H THAKORE
Versus
     STATE OF GUJARAT
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     Appearance:
     1. Special Civil Application No. 9321 of 2002
          MR NK MAJMUDAR for Petitioner No. 1
          .......... for Respondent No. 1-4
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                  CORAM : MISS JUSTICE R.M.DOSHIT
                  Date of Order: 25/11/2002



     ORAL ORDER

Heard the learned advocate Mr. N.K Majmudar.

The petitioner, a Clerk-cum-Typist, challenges
the order of suspension made on 4th September, 2002. Mr.
Majmudar has submitted that having regard to the nature
of duties, the petitioner could not have committed the
acts of misconduct alleged against him. Besides, for the
alleged misconduct not only the petitioner has been
suspended from service, he has also been transferred.
Mr. Majmudar has submitted that it is not the petitioner
alone, other officers too are involved in the incidence
in question.

Be that as it may, the petitioner is alleged to
have committed grave acts of misconduct. Pending the
inquiry into such misconduct, the petitioner cannot be
continued in active service. In the circumstances, even
the order of transfer made prior to the date of order of
suspension does not call for interference.

The petition is dismissed in limine.

[Miss R.M Doshit, J.]
Prakash*