RASHIKBHAI VINUBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Naman K. Brahmbhatt on behalf of the petitioner and learned Assistant Government Pleader Mr. Aditya Pathak on behalf of the respondent-State.

(2.) By way of this petition, a very limited direction is sought for inasmuch as an appeal preferred by the present petitioner to the State Government i.e. to the Additional Chief Secretary, Panchayat and Rural Housing Department, which is pending consideration of the concerned authority since last one year and whereas the request being to direct the authority to decide the same within some short stipulated period of time.

(3.) Learned AGP Mr. Pathak would submit under instructions that the concerned authority is awaiting report from the Forensic Science Laboratory with regard to the issue in question and whereas till such report is received, the authority may not be directed to decide the appeal. In the considered opinion of this Court, the submission made by learned AGP under instructions appears to be completely misplaced. The authority concerned is not deciding upon the legality and validity of the allegation against the present petitioner more particularly with regard to the FIR filed against him for offences punishable under Ss. 498A and 306 of the Indian Penal Code. To this Court it appears clearly that the authority concerned is looking into an appeal whereby the appeal of the petitioner against an order dtd. 8/9/2021 terminating the services of the petitioner more particularly without holding a departmental inquiry is under challenge.