TRIVEDI JAGDISHCHANDRA JAYANTILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Monali Bhatt, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State.

(2.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being I-C.R. No. 11188007210116 registered with Meghraj Police Station for the offences punishable under sections 465, 468, 471 and 473 of IPC.

(3.) Mr. JV Japee, learned advocate for the applicant submitted that the petitioner has originally joined the service as a clerk in Vanvir Vidyalaya, Oad, Ta. Bhiloda on 17.10.1989 . After rendering service for 27 years in the said school he was found surplus thereafter the D.E.O has passed order dated 06.09.2016 to accommodate the petitioner in the same pay scale in Shri Vaniyawada High School, Ta. Meghraj where he was a trustee. He further submitted that the petitioner has reached the age of superannuation on 31.10.2020 and the concerned authorities has not taken any action to release the retirement benefits and other legal dues. Further, the learned advocate for the applicant has submitted that the application has already been filed the matter before the High Court for his legal claims. He further submitted that though the applicant being the trustee of the school he rendered services in the school to avoid any future complications. Further, the resolution dated 20.01.2021, the same has been signed by the President of the trust not by the complainant or the secretary of the trust as alleged in the complaint. He further submitted that the complainant himself has sent the proposal dated 21.02.2021 to the D.E.O for release of the provisional pension of the petitioner. He has further drawn the attention of this Court to the last pay certificate to submit that the applicant has not received any salary from 01.01.2019 till he attained the superannuation on 31.10.2020. It was, therefore, prayed that discretion may be granted in favour of the applicant.