Laxmansinh Ratansinh Solanki vs State Of Gujarat
2021 Latest Caselaw 16698 Guj

    C/SCA/6096/2021                                  ORDER DATED: 25/10/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 6096 of 2021

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                      LAXMANSINH RATANSINH SOLANKI
                                 Versus
                           STATE OF GUJARAT
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Appearance:
VYOM H SHAH(9387) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MR UTKARSH SHARMA, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 25/10/2021

                              ORAL ORDER

1. Heard learned advocate Mr. Vyom H. Shah on behalf of the petitioner and learned AGP Mr.Utkarsh Sharma on behalf of the respondent State.

2. By way of this petition, the petitioner challenges the order passed by respondent, imposing punishment of hundred percent cut in pension upon the petitioner. Learned advocate Mr. Shah would point out that the petitioner had been arrayed as an accused in a criminal complaint being Special Case (ACB) No.10 /2017 under the Prevention of Corruption Act and whereas, vide judgment and order dated 10.07.2018 in the said case, the learned Special Judge has been pleased to convict and sentence the present petitioner. The learned advocate would further submitted that in an appeal preferred by the petitioner before this Court, Coordinate Bench of this Court (Coram: G. R. Udhwani, J.) vide order

C/SCA/6096/2021 ORDER DATED: 25/10/2021

dated 13.07.2018 had been pleased to suspend the conviction and sentence. Learned advocate would submit that after the order of conviction and even after the order of this Court, the respondent authorities had issued a notice to the petitioner for imposition of punishment upon convict and whereas in reply thereto, the petitioner had brought to the notice of the respondent about the order of this Court suspending the conviction and sentence. The learned advocate would submit that in spite of order of this court being brought to the notice of the respondent authorities, yet the order of hundred per cent cut in pension had been imposed upon the petitioner with an interim order.

3. Having regard to the same, issue notice returnable on 6.12.2021.

(NIKHIL S. KARIEL,J) MANISH MISHRA