LAWS(GJH)-2013-4-8

ALKHABHAI MANJIBHAI GAMETI Vs. DIVISIONAL DIRETOR

Decided On April 01, 2013
Alkhabhai Manjibhai Gameti Appellant
V/S
Divisional Diretor Respondents

JUDGEMENT

(1.) The present appeal is directed against the order dated 30.3.2012 passed by the learned Single Judge of this Court in Special Civil Application No.4000 of 2012, whereby the learned Single Judge, for the reasons recorded in the order, has dismissed the petition and the order passed by the Industrial Tribunal was not interfered with.

(2.) We have heard Mr.Japee, learned Counsel for the appellant and Mr.Hardik Rawal, learned Counsel appeared for the respondent on the advance copy.

(3.) The contention raised on behalf of the appellant is that the allegation against the appellant was projected allegation and in the criminal case, such was not the accusation made against the appellant. It was submitted that the finding recorded by the Inquiry Officer was perverse to the record. The said aspect is not properly considered by the Industrial Tribunal and so was by the learned Single Judge and, therefore, this Court may interfere. It was also submitted that the learned Single Judge has not examined the merits of the matter and has considered the technical aspect of delay, etc., and, therefore, the matter deserves consideration in the present appeal.