SHAMBHUBHAI JETHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. With the consent of learned counsel for parties both the Misc.Civil Application No.1647/02 and Special Civil Application No.10865/02 are taken for final hearing today.

(2.) Heard Mr.Raval for the applicant and Mr.Joshi for respondent Nos 1 to 4 and Mr.Vyas for respondent No.5.

(3.) Having heard the learned advocates for parties it appears that the Dy.Secretary who passed the order on behalf of the State Govt was not holding the charge of Dy.Secretary (appeals) when he signed the order, dated 7/10/02 because even in the affidavit in reply which is filed by Mr.G.P.Raval, Dy.Secretary it has been mentioned that Mr.Machchhar who has signed the order was relieved as Dy.Secy (Appeals) on 23.9.02. The contention as sought to be raised on behalf of the State Govt is that a draft judgment was prepared and it was forwarded to the Secretary and the concerned Minister for approval. However, no changes or alterations are made by the Secretary as well as by the concerned Minister, and therefore, it remained to continue as the decision taken by Mr.Machchhar and therefore Mr.Machchhar has rightly signed the order, dated 7.10.02. The aforesaid contention in my view can not be accepted in view my earlier decision dated 18.10.02 in SCA No.10406/02 (Narendrabhai Ratanji Patel vs State of Gujarat). In case of Narendrabhai(supra) at paras 3 & 4 the observations are as under: