P K GHOSH I A S Vs. J G RAJPUT
LAWS(SC)-1995-11-171
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on November 10,1995

P. K. Ghosh, I.A.S. And Ann Appellant
VERSUS
J. G. Rajput Respondents

JUDGEMENT

J. S. Verma, J. - (1.) Leave granted.
(2.) This appeal by special leave is against the order Dated 18-3-1994 made in Misc. Civil Application No. 1841 of 1993 in Special Civil Application No. 1497 of 1988, by a Division Bench (R. A. Mehta and B. J. Shethna, JJ.) of the High Court of Gujarat. The impugned order was passed in unusual circumstances which are mentioned hereafter.
(3.) Respondents J. G. Rajput is an employee of the Ahmedabad Municipal Corporation. He filed a writ petition-Special Civil Application No. 1497 of 1988-in the High Court of Gujarat challenging his suspension by order Dated 14-3-1988 in which he was represented by Shri B. J. Shethna (later appointed a Judge of the High Court of Gujarat) as his counsel. The respondent obtained an order on 28-3-1988 staying his suspension (Annexure-A). Thereafter, Shri B. J. Shethna was elevated to the Bench of the Gujarat High Court and the respondent was then represented by Shri Adli Mehta as his counsel. A settlement was arrived at between the Ahmedabad Municipal Corporation and the respondent before the High Court which was recorded on 28-2-1990 and S. C. A. No. 1497 of 1988 was permitted to be withdrawn by C. K. Thakkar, J. before whom it was listed (Annexure-B). The Corporation contends that in terms of settlement, the respondent was confirmed in service in the scale of Rs. 950-1400 and was also allotted a residential quarter. Thereafter on 8-4-1991, the respondent filed Misc. Civil Application No. 540 of 1991 for review of the final order made in S. C. A. No. 1497 of 1988 which came up for hearing before C. K. Thakkar, J. who rejected the review application on 2-4-1992 on his satisfaction that the terms of settlement had been complied with by the Municipal Corporation (Annexure-C).;


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