STATE OF GUJARAT Vs. SUO MOTU

JUDGEMENT

(1.) This appeal is filed against an order passed in Special Civil Application No : 7070 of 1999 by the learned Single Judge on 15/09/1999.

(2.) It appears that a letter was addressed to a Single Judge of this Court on 5/09/1999 which is a part of the main matter (Special Civil Application No : 7070 of 1999 ), wherein an appeal was made to the learned Single Judge that against several employees of different categories, the State Government was contemplating launching of prosecution. It was stated that it would not be proper to take criminal actions . A prayer was, therefore, made to stay criminal cases.

(3.) The above letter was taken note of by the learned Single Judge. He entertained the said letter and registered it as Special Civil Application. On September 15, 1999, the learned Single Judge observed that launching of criminal prosecution against the employees, will not only result into sheer wastage of Government's money but it will unnecessarily increase several pending cases in courts, which ultimately on trial might not result in conviction. In such matters, in the opinion of the learned Single Judge, it is advisable and more appropriate to take only disciplinary actions. The learned Single Judge, therefore, admitted the petition by issuing rule and by making it returnable on 27th September, 1999. Notice was also issued to the Government through the Chief Secretary, Government of Gujarat, Gandhinagar.