DAHYABHAI NATHUBHAI PATEL Vs. DIRECTOR OF PRIMARY EDUCATION

JUDGEMENT

(1.) By way this appeal under Clause 15 of the Letters Patent, the appellant (since deceased through his heirs and legal representatives) seeks to challenge judgment and order dated 04.05.2010 passed in Special Civil Application No. 10238 of 1998 whereby dismissing the said petition. However, the subsistence allowance granted to the petitioner was ordered not to be recovered.

(2.) Brief facts relevant for the purpose of deciding this appeal are that the petitioner was serving as Primary Teacher at Dhamdachha Primary School, Taluka Gandevi, District Valsad. He came to be arrested on 01.01.1998 along with other 15 accused for the offences punishable under Sections 147, 148, 149, 302 and 323 of the Indian Penal Code. He came to be detained in custody for more than 48 hrs. and thus, was suspended vide order dated 17.12.1988 in view of invoking the Gujarat Panchayats Service (Disciplinary and Appeal) Rules, 1964. Petitioner was convicted vide judgment and order dated 21.01.1990 passed by District and Sessions Judge, Valsad. He preferred Criminal Appeal No. 72 of 1990 against the order of conviction and sentence before this Court. In view of the conviction the petitioner was dismissed from service vide order dated 30.05.1990. In view of the dismissal payment of subsistence amount was stopped.

(3.) Thereafter this Court vide judgment and order dated 11.10.1993 passed in Criminal Appeal No. 72 of 1990 acquitted the petitioner. Resultant of that the petitioner came to be reinstated in service vide order dated 14.07.1995.