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SCA/8553/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8553 of 2011
=========================================================
SURENDRASINH
KAMALBHAI MUNIYA - Petitioner(s)
Versus
SUPREINTENDENT
OF POLICE AMRELI & 2 - Respondent(s)
=========================================================
Appearance
:
MR
DP JOSHI for
Petitioner(s) : 1,
None for Respondent(s) : 1, 3,
MR AL SHARMA
AGP for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 08/07/2011
ORAL
ORDER
Heard
learned advocate Mr. DP Joshi on behalf of petitioner, learned AGP
Mr. AL Sharma appearing for respondent State.
Learned
advocate Mr. Joshi submitted that petitioner has been reinstated in
service by order dated 2/2/2010, page 12 because against conviction,
appeal is preferred by petitioner, which has been admitted by this
Court. The petitioner has been released on bail. However, this
order of reinstatement has been passed subject to final out come of
criminal proceeding as well as in case if departmental inquiry is to
be initiated against present petitioner. It is necessary to note
that for regularizing suspension period, petitioner has not
approached to respondent.
Let
representation is to be made by petitioner to respondent authority
within a period of one month from date of receiving copy of present
order. As and when respondent receive such representation with
request from petitioner to regularize suspension period because
petitioner is reinstated in service by order dated 2/2/2010. Let
this aspect may be examined by respondent authority on the basis of
Government Resolution. Thereafter, to pass appropriate reasoned
order in accordance with law within a period of three months from
date of receiving copy of present order and communicate decision to
petitioner immediately.
In
view of above observation and direction, present petition is
disposed of by this Court without expressing any opinion on merits.
(H.K.RATHOD,
J)
asma
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