ATHAR M SAIYAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition challenges order dated 09.03.2000 whereunder the petitioner has been visited with penalty of compulsory retirement safter departmental inquiry.

(2.) It is an accepted fact that departmental proceedings were conducted against the four persons by the respondent authorities viz. -- (i) Shri K.I.Patel, (ii) Shri S.B.Prajapati, (iii) Shri G.A.Baloch; AND (iv) Shri A.M.Saiyad, the present petitioner. On behalf of the petitioner attention is invited to judgment dated 17.07.2003, rendered in case of Shri K.I.Patel Vs. State of Gujarat, Special Civil Application No.4881 of 2003 whereby the orders of punishment have been quashed and set aside and Shri K.I.Patel exonerated from the charges leveled against him.

(3.) Learned Assistant Government Pleader is not in a position to dispute the aforesaid factual position. The only submission was that the judgment of the High Court in case of Shri K.I.Patel (supra) is not acceptable to the respondent authorities.