Dilipbhaisinh Ranmalji Jadeja vs State Of Gujarat
2021 Latest Caselaw 5940 Guj

     C/SCA/7372/2021                              ORDER DATED: 14/06/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7372 of 2021

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                       DILIPBHAISINH RANMALJI JADEJA
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR ANURAG RATHORE, ADVOCATE FOR MR ASHISH M DAGLI(2203) for
the Petitioner(s) No. 1
 for the Respondent(s) No. 2,3
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                              Date : 14/06/2021

                               ORAL ORDER

Heard Mr.Anurag Rathore, learned advocate on behalf of Mr.Ashish Dagli, learned advocate for the petitioner. It is submitted that vide order dated 30.07.2020 the District Development Officer, disqualified the petitioner and the Development Commissioner vide order dated 08.01.2021 rejected the appeal and thereby the order dated 30.07.2020 passed by the District Development Officer stood confirmed.

It is submitted that FIR has been registered against the petitioner for the offences registered with Kothara Police Station, District Kachchh Paschim-Bhuj for the offences punishable under Sections 323, 294(b), 332 and 114 of the Indian Penal Code. Mere registration of an FIR for an offences punishable under the provisions of the Indian Penal Code, will not give an authority to the officer to pass an order suspending the petitioner in exercise of the powers under Section 59(1) of The Gujarat Panchayats Act, 1993.

C/SCA/7372/2021 ORDER DATED: 14/06/2021

Reliance is placed on the judgment in case of Sombhai Bhagwanbhai Gohil V/s State of Gujarat reported in 2006 (1) GLH 67. It is submitted that this Hon'ble Court had in similar case observed and held that mere involvement in offences punishable under Sections 323, 324, 504 and 506 of the Indian Penal Code ipso facto would not constitute offence involving moral turpitude.

Issue Notice returnable on 6.07.2021.

Direct Service is permitted.

(SANGEETA K. VISHEN,J) URIL RANA