JAGDISHBHAI MAGANBHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition filed under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs : -

(2.) When the matter is taken up for hearing, the learned advocate Mr. Dharmesh C. Gurjar for the petitioner has submitted that in view of the fact that the interim relief in the earlier petition of 2017 is already operative and the petition is pending, the authority was not supposed to take any step against the petitioner. However, while perusing the order it has been found that this submission is misconceived in view of the fact that with regard to work related to Gram Panchayat right from 2015-16 onwards, the irregularities have been alleged against the petitioner, on account of which the step under sec. 57 has been contemplated. The authority while passing the order concurrently held that there are serious irregularities committed persistently by the petitioner and the Additional Development Commissioner also in categorical terms has come to the conclusion that the irregularities have been committed with regard to the works which have been undertaken as alleged in the show-cause notice. A clear finding of fact is arrived at by the authority at page 15-16 onwards which would not permit this Court in exercise the powers under Article 227 of the Constitution of India to substitute the findings in absence of any distinguishable material. The court see no other circumstance to deviate from the satisfaction which have been arrived at by the authority below concurrently.

(3.) Accordingly, the petition being meritless stands dismissed. No order as to costs.