TUSHAR C SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed for the relief directing the respondents:

(2.) This Court (Coram:M.R.Calla, J.) passed the first order on 20th September, 1994 as under: Rule returnable on 25th October, 1994. Direct Service is permitted." From the order sheet, it transpires that thereafter, the matter was listed on 1st December, 1998, and on that day, it was adjourned to 1st February, 1999. Thereafter, it came to be listed only on 24th November, 2000 when the Court passed the order that, `the matter be listed before appropriate Court for final hearing'. Thereafter, the matter was listed and adjourned on various dates. Finally, it was taken up for final hearing since 25th February, 2004. On 25th February, 2004, this Court granted time to the learned AGP, Mr.M.S.Rao, to call for the file and explain as to why the Director, Technical Education denied supply of the report of the Anti Corruption Bureau ("ACB" for short) and likewise, the Under Secretary, Education Department turned down a similar request by his letter dated 18th November, 1991, though there was an order dated 30th December, 1983 passed by the Joint Secretary (Education) that, `Mr.Shah be supplied the report of the Police Inspector (ACB) and the copies of the statements of the witnesses examined by the Police Inspector (ACB) and an opportunity be also given to Mr.Shah to cross examine them'. Mr.Rao, learned AGP, has not filed any affidavit explaining the aforesaid act of the Director, Technical Education or the Under Secretary, Education Department. He submitted that he will make his submissions when he replies to other averments and contentions raised in the petition.

(3.) The facts giving rise to the present petition are that the petitioner joined the services with respondent no.3, R.C.Technical Institute, in the year 1969 as Assistant Lecturer in Weaving. Thereafter, in the year 1970, the petitioner was promoted to the post of Assistant Lecturer in Weaving. He was then selected by the Public Service Commission for the post of Lecturer in Textile Technology in the year 1974. For some time, the petitioner was serving in Dr. S & S Gandhi College of Engineering and Technology at Surat from where he was transferred to R.C.Technical Institute, Ahmedabad, where he continued to serve. 3.1 In the year 1979, the petitioner was served with a chargesheet dated 2nd March, 1979, a copy of which is produced at Annexure-A to the petition, wherein the following charges were levelled against the petitioner.