NARENDRABHAI RATANJI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Rule. Mr.Gori, learned AGP appearing on behalf of respondents No.1 and 2 and Mr.Tushar Mehta, learned Counsel appearing on behalf of respondent No.3 waive service of notice of rule. With the consent of all the parties, the matter is taken up for final hearing today.

(2.) . The present petition is preferred by the petitioner against the order dated 1-10-2002 passed by Shri R.K.Machhar, Deputy Secretary (Appeals) of the State Government in revision application No.111/2001. There is no dispute on the point that on 1-10-2002 when the Deputy Secretary, Shri R.K.Machhar passed the order, he was not holding the charge of Deputy Secretary (Appeals) and he was transferred as the Deputy Secretary from 23rd September, 2002.

(3.) . The learned AGP appearing on behalf of the State Government contended that the hearing was made before Shri R.K.Machhar on 21st September, 2002 and he has prepared draft of the order and as per the instructions of the government, the said draft was forwarded to the concerned Secretary and the Minister for approval. Since the approval came late, the order was signed on 1-10-2002. The learned AGP submitted that as a matter of fact, the decision was taken on 21-9-2002 when the draft was prepared.