B M RAIYANI Vs. STATE OF GUJARAT
LAWS(GJH)-2008-9-189
HIGH COURT OF GUJARAT
Decided on September 02,2008

B M Raiyani Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) THESE petitions have been filed by the petitioners with the prayer to set aside the separate orders of suspension dated 11th December, 1998 in respect of each petitioner, which have been annexed to the petitions as Annexure -A.
(2.) FOR the sake of convenience, facts as narrated in Special Civil Application No. 10782/1998 only are being noticed. The petitioner in this petition was working as an Assistant Engineer, Irrigation Scheme, Division No.2, Amreli. He was posted in the scheme known as 'Vadi Irrigation Scheme', Taluka and District : Amreli. According to the petitioner, he was placed under suspension on baseless allegations. At the time of filing the petition, departmental inquiry had not yet commenced and, therefore, the only order of suspension has been challenged, in this as well as other connected petitions.
(3.) RULE was issued on 30th December, 1998. By order of that date, this Court directed that in case the petitioners make any representation against their respective orders of suspension before the Chief Secretary, the same shall be considered and decided in accordance with law, within a period of one month from the date of receipt of their respective representations. Accordingly, the petitioners made their respective representations which were rejected by the Chief Secretary, Government of Gujarat by order dated 12th February, 1999. It is stated in the said order that after having considered the representations of the petitioners, the Government has decided to continue them on suspension. When the petitions came up for final hearing on 14.8.2008, a request was made by the learned counsel for the petitioners to adjourn them in order to enable him to take appropriate instructions. On the next date of hearing i.e. 29.8.2008, the learned A.G.P. made a request that the matters may be adjourned in order to enable her to take instructions.;


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