LAWS(GJH)-2023-7-1184

STATE OF GUJARAT Vs. AJITSINH MAHIPATSINH JHALA

Decided On July 31, 2023
STATE OF GUJARAT Appellant
V/S
Ajitsinh Mahipatsinh Jhala Respondents

JUDGEMENT

(1.) Since all the three Letters Patent Appeals preferred by the appellant-State arise out of common judgment and order in Special Civil Application No.14928 of 2021, Special Civil Application No.15306 of 2021 and Special Civil Application No.15360 of 2021 respectively, they were heard together to be treated by this common judgment and order.

(2.) Heard learned Assistant Government Pleader Mr. Kanva Antani for the appellants and learned senior advocate Mr. Bhaskar Tanna assisted by learned advocate Mr.Hardip Mahida for Tanna Associates for the respondents-original petitioners in all the appeals.

(3.) Against the same delinquent-respondent herein, three charge-sheets were issued and departmental inquiries were held. Noticing the relevant facts in relation to the first captioned Letters Patent Appeal corresponding to Special Civil Application No.14928 of 2021, the petitioner prayed to set aside the charge memo dtd. 14/5/2010 and the orders dtd. 12/6/2018 and 13/5/2019 passed by the authorities at the completion of inquiry proceedings. The petitioner was Deputy Collector who was given charge- sheet dtd. 14/5/2010 levelling charges in respect of issuance of No Objection Certificates in relation to allotment of lands for the purpose of petrol pumps. The allegation was that the petitioner who was then working as Deputy Collector, Kutch, did not follow the procedure in granting the permission for allotment of petrol pumps. The incident was of the year 2002-2004 made subject matter of charge-sheet dtd. 14/5/2010. The inquiry officer as per his report dtd. 25/3/2012, exonerated the petitioner of all the charges.