STATE OF GUJARAT Vs. B M RAO

JUDGEMENT

(1.) Rule. Mr.G.M.Joshi, learned Counsel, appears and waives service of Rule on behalf of the opponent.

(2.) On 23rd February, 2005, a Division Bench of this Court, while considering Civil Application No.788 of 2005, ordered that pending the appeal, there shall be interim stay in terms of paragraph-3(A) on condition that the applicant, State Government, shall complete the disciplinary proceedings pending against the opponent (respondent) on or before 30th April, 2005.

(3.) Undisputedly, the inquiry could not be completed on or before 30th April, 2005. The State Government made an application on 2nd May, 2005 seeking two months' extension on the grounds mentioned in the application. It was submitted in the application that the Inquiry Report in relation to the first inquiry was received and thereafter, a show cause notice was issued to the opponent (respondent) on 21st March, 2005 and even upto the date of the application, the respondent had not submitted his reply. For the second inquiry, it was submitted that the Inquiry Report was received on 12th April, 2005; the report was accepted on 15th April, 2005, a notice was issued to the respondent, but, upto the date of the application, he did not submit his reply. On this ground, extension was sought.