MITESHKUMAR RAJUBHAI DATANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Dipen Desai for the petitioner and learned Assistant Government Pleader Mr.Jayneel Parikh for the respondents.

(2.) By filing the present petition under Article 226 of the Constitution, the petitioner has prayed to set aside order dated Nil January, 2019 passed by the Deputy Conservator of Forests - respondent No.4 herein, whereby the suspension of the petitioner came to be extended from 24th January, 2019 to 23rd April, 2019 for a further period of 90 days. The said order was stated to have been passed after reviewing the suspension of the petitioner under Gujarat Civil Services (Discipline and Appeal) Rules, 1971.

(3.) Against the petitioner, who was appointed as Forester in the year 2017 under the respondents, First Information Report being Crime Register No.I-03 of 2017 dated 03rd February, 2017 came to be registered for the alleged offence under the provisions of the Prevention of Corruption Act, 1988. The petitioner came to be suspended by order dated 18th February, 2017 by respondent No.4 on the basis of the said F.I.R. The said order was made effective from 04th February, 2017. While the petitioner was paid suspension allowance at the rate of 50%, the same was increased as per order dated 18th September, 2017, to 75% for the period from 04th September, 2017 to 31st December, 2018.