STATE OF GUJARAT Vs. VASANTKUMAR MANGABHAI KHUMAN
LAWS(GJH)-2021-6-361
HIGH COURT OF GUJARAT
Decided on June 25,2021

STATE OF GUJARAT Appellant
VERSUS
Vasantkumar Mangabhai Khuman Respondents

JUDGEMENT

R.M.Chhaya,J. - (1.)Admit. Ms. Vidita Jayswal, learned advocate waives for the respondent. With consent of the learned advocates appearing for both the sides, the matter is taken up for final hearing forthwith.
(2.)Feeling aggrieved and dissatisfied by the judgment and order dated 29.10.2020 passed by the learned Single Judge in SCA No. 11020 of 2020, the appellants-original respondents have preferred this intra court appeal under clause 15 of the Letters Patent.
(3.)Ms. Jyoti Bhatt, learned AGP has taken this Court through the factual matrix arising out of this appeal and has contended that the learned Single Judge has not considered the merits of the matter while passing the impugned order. It has also been contended by Ms. Jyoti Bhatt that necessary and important documents like Form 22 as specified under Rule 147 of the Gujarat Civil Services (Pension) Rules, 2002 are not considered at all. It was further contended by Ms. Jyoti Bhatt, learned AGP that the learned Single Judge has failed to appreciate the seriousness of the matter inasmuch as an FIR was lodged under the Prevention of Corruption Act, 1988 against the respondent and a preliminary inquiry has already commenced. It is further contended that the order impugned is even otherwise erroneous, unreasonable and bad in law and deserves to be quashed and set aside.


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