EA SINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 20.06.2002 passed by the State Government whereby, the petitioner was compulsorily retired from the service pursuant to Departmental Inquiry conducted against the petitioner.

(2.) Brief facts leading to present petition and as emerging from record, are as under.

(3.) Before the submissions made at bar are considered, it requires to be noted that vide judgment dated 23.08.2004 passed by the learned Single Judge of this Court, the present petition was allowed. Feeling aggrieved by the said judgment, the respondent ­ State preferred Letters Patent Appeal No.2621 of 2004 before the Division Bench of this Court. Vide judgment dated 22.09.2005, the Division Bench quashed and set aside the order of the learned Single Judge of this Court and remanded the matter for fresh adjudication. Accordingly, after remand, the matter was taken up for final hearing and this Court heard the submissions of learned advocate Mr.V.A. Vyas for the petitioner and learned A.G.P. Mr.Swapneshwar Goutam for the respondent ­ State at length and examined the pleadings and documents annexed with the pleadings.