STATE OF GUJARAT Vs. PARSHOTTAMBHAI LALJIBHAI PARMAR

JUDGEMENT

(1.) Heard learned Assistant Government Pleader Ms. Shruti Dhruve for the appellant-State and learned advocate Mr. A.S.Asthavadi for the respondent.

(2.) The present Letters Patent Appeal filed under Clause 15 of the Letters Patent is directed against judgment and order dtd. 6/4/2022 of learned single Judge. The issue addressed by learned single Judge was whether the order impugned in the main petition imposing penalty of 100% cut in the pension dtd. 10/12/2019 passed against the petitioner was in consonance with the principles of natural justice more particularly in compliance of resolution dtd. 5/8/2003 read with resolution of the General Administrative Department dtd. 18/3/1986.

(3.) Learned single found that although the natural justice could be said to have been complied with in the facts of the case, the parameters indicated in circular/resolution dtd. 18/3/86 were not followed, more particularly when the appeal against the conviction was filed and the same remained pending before the criminal court.