LAWS(GJH)-2017-11-25

RAMESHBHAI GOVINDBHAI SOLANKI Vs. STATE OF GUJARAT

Decided On November 03, 2017
Rameshbhai Govindbhai Solanki Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Petitioner is seeking to challenge the communication dated 8.8.2014 issued by respondent no.2 to respondent no.3 where respondent no.2 has directed respondent no.3 to disallow the petitioner to use his own bank account.

(2.) The petitioner was appointed as junior clerk on 14.10.1991 at Dhangadra Court, District: Surendranagar. He was transferred to Mehsana in the year 1995. He was, thereafter, transferred to Patan in the Court of learned Senior Division Judge's Court, Patan. He was promoted and transferred to Radhanpur Civil Court. There are allegations of misappropriation of funds levelled against the present petitioner when he was working as clerk in Nazir Department at Radhanpur Civil Court. First Information Report being C.R.No.I 87 of 2014 cmae to be lodged agianst the petitioner at Radhanpur police station for the offences punishable under sections 466, 409, 467, 468, 201 of the Indian Penal Code.

(3.) On 28.7.2014 learned Principal District Judge, Patan initiated disciplinary proceedings as disciplinary authority and suspended the present petitioner. The communication came to be issued on 8.8.2014 directing the respondent bank to disallow the petitioner to use his bank account bearing no. 039610029557 maintained by the petitioner at Radhanpur branch. At one point of time, the petitioner had approached on the judicial side before Learned Principal District Judge, Patan for withdrawal of the amount by preferring Criminal Miscellaneous Application No.676 of 2014. The same came to be withdrawn and he made an application for consideration on administrative side which was allowed and he was permitted to withdraw the amount of Rs. 3 lakhs.