MOHANBHAI J. OZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellant challenged in this Letters Patent Appeal, oral order dated 7.4.2010 of learned single Judge of this Court in Special Civil Application No. 8004 of 1990 whereby the petition filed by the Appellant came to be dismissed.

(2.) The Appellant had challenged order of his premature retirement dated 1.10.1990 and prayed for reinstatement. He had joined the revenue department on4.11.1957 as Clerk and was promoted to the post of Mamlatdar in 1985. It further transpires that one A.C B case being C.R. No. 2 of 1998 came to be filed against him and pursuant thereto, he was placed under suspension by order dated 2.6.1998. The impugned order of compulsory retirement came to be passed while he was under suspension.

(3.) In the impugned order dated 7.4.2010, while discussing the case of the Petitioner, learned single Judge in paragraph 7 observed as under: