GOVINDBHAI RANCHHODBHAI VASOYA Vs. SECRETARY

JUDGEMENT

(1.) HEARD Mr. Dipen Desai, learned advocate for the appellantoriginal petitioner and Mr. Rutvij Oza, learned Assistant Government Pleader for the respondents.

(2.) THIS appeal is filed against the oral judgment dated 3rd February 2009 rendered by the learned Single Judge in Special Civil Application No. 12177 of 1993, by which the petition filed by the appellantoriginal petitioner is dismissed.

(3.) THE brief facts leading to the filing of the present appeal are as under:3.1 The petitioner filed the aforesaid petition under Article 226 and 227 of the Constitution of India, in which he prayed that an appropriate writ, order or direction be issued to quash and set aside the judgment and order dated 11th February 1992 passed by the Gujarat State Civil Services Tribunal (for short 'the Tribunal'), and also to quash and set aside the action of respondents connected with the issuance of charge sheet dated 17th September 1984, and further to grant all the consequential benefits to the petitioner. The petitioner also prayed that the recovery orders dated 13th January 1993 and 7th October 1993 passed by the respondents be quashed and set aside. It was also prayed to hold and declare that the subsistence allowance be paid irrespective of the result of the action taken by the respondents, and the same cannot be recovered from the petitioner.