DISTRICT DEVELOPMENT OFFICER Vs. SAROJBEN VINODCHANDRA PANCHAL

JUDGEMENT

(1.) HEARD Mr.Patel, learned advocate for H.L. Patel Advocates for the petitioner and Mr.Kharadi, learned advocate for respondent No.1 as well as Mr.Devnani, learned AGP. In present petition, the petitioner has prayed, inter alia, that:

(2.) THE petitioner is aggrieved by the order dated 4.5.2010 passed by the learned Gujarat Civil Services Tribunal, Gandhinagar in Appeal No.3 of 2008, which was preferred by present respondent No.1 against the order passed by the Disciplinary Authority and confirmed by respondent No.2.

(3.) BY the impugned order, the learned Tribunal set aside the order dated 23.2.2007 passed by the Disciplinary Authority and the order dated 7.9.2007 passed by respondent No.2 and the learned Tribunal directed the petitioner and respondent No.2 to consider respondent No.1 on duty from the date of dismissal of service until the date on which the petitioner reached the age of superannuation. At the outset, it is necessary to note that after suffering from paralytic attack and after suffering ill -health for some time, respondent No.1, i.e. the concerned employee died on 7.9.2008 during the pendency of the proceedings before the learned Tribunal. So far as the relevant facts are concerned, the petitioner has averred, inter alia, that: