SCA/3627/1985 of H.G.MUNSHI Vs A'BAD MUNICIPAL CORPORATION on 26 December 1996

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No 3627 of 1985

For Approval and Signature:

Hon'ble MR.JUSTICE S.M.SONI

============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgment ? 2. To be referred to the Reporter or not ? 3. Whether their Lordships wish to see the fair copy of judgment? 4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder? 5. Whether it is to be circulated to the Civil Judge? ========================================================= -------------------------------------------------------------- H.G.MUNSHIVersus A'BAD MUNICIPAL CORPORATION -------------------------------------------------------------- Appearance: MR GIRISH PATEL for Petitioner MR for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE S.M.SONI Date of decision: 26/12/96

ORAL JUDGEMENT

This petition is filed by the petitioner challenging the order of suspension. The petitioner came to be suspended in view of the initiation of some departmental proceedings. The first order of suspension came to be withdrawn and the proceedings had commenced. However, it appears that the petitioner came to be suspended again. Against that second suspension order, the present petition is filed.

2 The petition came to be filed in the year 1985. It is not known as to whether after the suspension order the departmental proceedings have commenced or not and if commenced, what is the outcome thereof. To protect the interests of the petitioner it can be said that this order of suspension can also be challenged by him in the main departmental inquiry proceedings if he happens to challenge the same. The disposal of this petition will not prejudice his right to challenge the legality of his suspension in the main proceedings.

3 In view of these observations, the learned advocate for the petitioner seeks permission to withdraw the petition. Permission is granted. Petition stands disposed of as withdrawn. Rule is discharged. Interim relief, if any, stands vacated. No order as to costs.

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