N G VAJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by Party in Person and though he was issued a notice on 15.9.2000, fixing the date of hearing on 6.10.2000, he did not remain present before the Court. However, in order to see that interest of justice is served, a notice was again issued, which was served on him on 6.11.1990, intimating that hearing of the matter is fixed on 17.11.2000. On 17.11.2000, the matter was kept back so as to give him an opportunity to report during the course of the day, but he did not remain present. After the Court hours are over, the matter was adjourned to 24.11.2000. Today, neither the Party in Person is present nor any report is submitted by him either on 17.11.2000 or during the week days. Hence the matter is taken up for hearing.

(2.) The present petition is filed by the petitioner seeking the following reliefs :

(3.) The relief sought for is to quash and set aside the impugned order dated 24.3.1986. A perusal of the order reveals that while the petitioner was serving as Mamlatdar and was also discharging duties as Mamlatdar & ALT, he was found to have committed serious irregularities, such as, conclusions were recorded in the cases dealt by him which were not borne out from the record of the case nor from the deposition of witnesses in the relevant case. It was also alleged against the petitioner that hearing of the case, which was otherwise required to be undertaken only after service of notice to both the parties, was undertaken by him ex parte, without notice being served on the other side. Specific instances were also quoted in the statement of accusation which was served to the petitioner, which was referred to in para 3 of the said order.