KIRTIBEN SOMESHWARBHAI DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.K.P.Rawal, learned Assistant Government Pleader, waives service of notice of RULE for respondents Nos.1 and 2. Though Respondent No.3 is served, none appears for him.

(2.) THIS petition under Article 226 of the Constitution of India, has been filed with the following prayers:

(3.) MR.K.P.Rawal, learned Assistant Government Pleader has sought instructions from Shri L.K.Ninama, Administrative Officer, Health & Medical & Nursing Branch and Shri J.R.Patel, Office Superintendent, who are present in the Court today. Even after consultations with the above-mentioned Officials, the learned Assistant Government Pleader is not in a position to satisfy the Court as to why the Commissioner has decided the representation, when the Court had specifically directed the Secretary to decide the same. Moreover, the learned Assistant Government Pleader is not in a position to give any satisfactory reply why the representation has been decided by an unreasoned order, without taking into account the specific allegations made by the petitioner against respondent No.3 especially when the Court has clearly directed that it should be decided by a reasoned order. The learned Assistant Government Pleader has merely submitted that the representation of the petitioner has been rejected, as the transfer of the petitioner has been made on administrative grounds. This submission is irrelevant on the facts and in the circumstances of the case as discussed herein-above, in light of the order of this Court dated 24-12-2010.