P C CHATURVEDI Vs. KANDLA PORT TRUST

JUDGEMENT

(1.) Heard Mr . Anand L. Sharma, the learned counsel appearing for the petitioner, Mr.S.R.Brahmbhatt, the learned counsel appearing for the respondent no.2, and Ms.P.J.Davawala, the learned counsel appearing for the respondent no.3.

(2.) Captain P.C.Chaturvedi, serving Kandla Port Trust, hereinafter called "the Trust", as Deputy Conservator, has been awarded penalty of censure under-Clause 10 of KPE (Classification, Control and Appeal) Regulations, 1964, hereinafter called "the Regulations", by an order dated 15th September 1999 passed by the Chairman of the Trust, with the approval of the Central Government granted vide its order dated 8th September, .1999 as contemplated in Regulation 17 of the Regulations.

(3.) Regulation 17 provides that no appeal shall lie against any order made with the approval of the Central. Government. Therefore, the petitioner has filed instant Special Civil Application challenging the validity of the order dated 15th September 1999. Besides praying for quashing of the order the petitioner has also prayed for declaration that Regulation 17 of the Regulations is ultra vires. As envisaged in Rule 2 of Chapter I of Part I of the Gujarat High Court Rules, 1993, hereinafter called "the Rules", this Special Civil Application is to be disposed of by a Single Judge.