K.S. BASATHIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following relief:

(2.) The facts in brief are as under:

(3.) Heard Mr. Bhavyaraj Gohil, learned advocate appearing for Mr. A.J. Yagnik, learned advocate for the petitioner and Mr. Meet Thakkar, learned AGP for the State. Mr. Gohil, learned advocate submitted that what is apparent from the chronology of events is that on two occasions i.e. on 14/11/1995 and 31/12/1998, the inquiry officer on a detailed analysis of the evidence on record had exonerated the petitioner of the two charges. He submitted that after the first exoneration by the inquiry officer's report of 14/11/1995, the State Government by an order dtd. 01/10/1996 remitted the matter to the inquiry officer with certain observations inasmuch as with regard to charge no. 1, since the original diary was not produced by the Presenting Officer and only four of the 12 witnesses had remained present it was necessary to recall the witnesses and produce the original diary. Even with regard to second charge, certain observations were made and the inquiry officer was asked to follow the procedure under Rules 9(13) and 9(14) of the Discipline and Appeal Rules.