LAWS(GJH)-2007-3-52

BABUBHAI GANDABHAI KAPADIA Vs. STATE OF GUJARAT

Decided On March 02, 2007
BABUBHAI GANDABHAI KAPADIA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned Advocate Mr. BL Trivedi for petitioner and Mr. LB Dabhi, learned AGP for Respondent No. 1.

(2.) Through this petition under Article 227 of the Constitution of India, petitioner challenges order passed by the Gujarat Secondary Education Tribunal Ahmedabad dated 28.10.05 in Application NO. 203 of 2004 wherein the Tribunal has rejected the said application. The petitioner was claiming suspension allowance on the basis of the plea of deemed suspension.

(3.) It is submitted by the learned Advocate Mr. BL Trivedi before this Court that when the petitioner was facing criminal prosecution in respect of murder case, he was detained in custody for more than 48 hours, therefore, petitioner is deemed to have been placed under suspension and, therefore, petitioner is entitled for suspension allowance from the date of detention till the date on which he was reinstated in service. It is also submitted by the learned Advocate Mr. Trivedi before this Court that in other Government services, those who are working in the State Government as well as under the District Panchayats, they are entitled for such suspension allowance on the basis of deeming fiction of suspension when such employee has been detained in custody exceeding 48 hours.