R.K. DIVYESHWAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LETTERS Patent Appeal No. 1358 of 1998 has been preferred by the appellants - the State of Gujarat as well as the Registrar of High Court of Gujarat challenging the judgment and order dated 11.11.1998 passed by the learned single Judge in Special Civil Application No. 6421 of 1993 whereby the penalty of dismissal of service imposed on the respondent was substituted by penalty of withholding of three increments. Being aggrieved by the very judgment of the learned single Judge substituting punishment by withholding of three increments, the delinquent preferred Letters Patent Appeal No. 1395 of 1998.

(2.) BEFORE adverting to the facts, one fact is very clear that the writ petition was filed in the year 1993 and the learned single Judge delivered the judgment on 11 -11 -1998. Learned counsel appearing for the delinquent has fairly submitted before us that by passage of time, the delinquent has reached the age of superannuation.

(3.) WE have heard Mr. Shalin Mehta, learned Senior Counsel assisted by Mr. Hemang M. Shah appearing for the High Court, Mr. Udit Mehta, learned Assistant Government Pleader appearing for the State Government and Ms. Ketty A. Mehta and Mr. Shivang J. Shukla, learned counsel appearing for the delinquent.