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LPA/105/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 105 of 2010
In
CIVIL
APPLICATION No. 11502 of 2007
In
SPECIAL
CIVIL APPLICATION No. 23107 of 2006
With
CIVIL
APPLICATION No. 414 of 2010
In
LETTERS PATENT APPEAL
No. 105 of 2010
=========================================================
SURENDRASINH
DAYALAL RATHOD - Appellant
Versus
DISTRICT
DEVELOPMENT OFFICER & 1 - Respondents
=========================================================
Appearance
:
MS
RENU SINGH FOR MR YN RAVANI
for
Appellant
MR HS MUNSHAW for Respondent No.1
MR PRANAV TRIVEDI,
AGP for Respondent
No.2
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 13/04/2010
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
Feeling
aggrieved by the order dated 11th April 2008 made by the
learned Single Judge in above Civil Application No.11502 of 2007, the
applicant delinquent servant has preferred this Appeal under Clause
15 of the Letters Patent.
The
appellant, a Deputy Chitnis in the office of the District Development
Officer, Junagadh was removed from service on 31st
December 1999 on disciplinary grounds. The challenge to the said
order has been upheld by the Gujarat State Civil Service Tribunal.
Feeling
aggrieved, the District Development Officer, Junagadh has filed the
above Special Civil Application No.23107 of 2006 before this Court.
Pending the said petition, the learned Single Judge by his order
dated 9th July 2007 stayed the operation of the order of
the Service Tribunal on condition that the District Development
Officer paid the legal dues of the appellant consequent to his
removal from service on 31st December 1999. According to
the appellant, the District Development Officer has committed breach
of the conditions imposed by the learned Single Judge by not paying
the amount of difference in salary, commuted value of pension,
pension, gratuity, leave salary, etc. The Court should, therefore,
vacate the interim stay for breach of conditions.
In
answer, the District Development Officer contested the Application.
According to the District Development Officer, the appellant was paid
the legal dues namely, Provident Fund amount and Group Insurance
amount. The learned Single Judge has disposed of the Civil
Application. Therefore, the present Appeal.
As
recorded hereinabove, the appellant has been removed from service.
The removal from service will have legal consequences of forfeiture
of salary, allowances, pension, leave encashment, etc. Since the date
of his removal, none of the aforesaid amounts is payable to the
appellant. The learned Single Judge has rightly rejected the Civil
Application.
The
Appeal is dismissed in limine. Notice is discharged.
Civil
Application stands disposed of.
(MS.R.M.DOSHIT,J.)
(M.D.SHAH,J.)
radhan
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