Ashokkumar Jayendrasinh Solanki vs The Sabarkantha District Central ...
2022 Latest Caselaw 5522 Guj

       C/SCA/11217/2022                           ORDER DATED: 27/06/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 11217 of 2022

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               ASHOKKUMAR JAYENDRASINH SOLANKI
                              Versus
     THE SABARKANTHA DISTRICT CENTRAL CO-OPERATIVE BANK LTD.
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Appearance:
MR JIGAR G GADHAVI(5613) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                              Date : 27/06/2022

                               ORAL ORDER

1. Heard Mr. Jigar G. Gadhavi, learned advocate for the

petitioner. Perused the record.

2. For the facts stated herein, it is not necessary for this

Court to issue notice to hear the other side.

3. The petitioner was appointed as a Clerk on 6.1.1997.

He was released on bail on 1.6.1998 and taken back in

service on 2.6.1998. An FIR came to be registered

against the petitioner and the other accused persons

for the offences under Sections 202, 307, 120B, 34,

C/SCA/11217/2022 ORDER DATED: 27/06/2022

146, 147, 149, 506(2) and 504 of Indian Penal Code

read with provisions of the Scheduled Castes and

Tribes (Prevention of Atrocities) Act, 1989. The

petitioner, initially, was enlarged on bail. However, by a

final judgment and order in Sessions Case No.15 of

1998, the petitioner was convicted for life

imprisonment. On an appeal being filed before this

Court, being Criminal Appeal No.10 of 2001, the same

was decided on 5.3.2009. The appeal was partly

allowed. The petitioner was not acquitted and the

conviction and the sentence under Section 302 read

with Section 34 of the IPC was confirmed. Upon a

challenge before the Hon'ble Supreme Court in

Criminal Appeal No.1123 of 2010, the conviction of the

appellant was set aside and the appeal was allowed.

4. Mr. Gadhavi, learned counsel for the petitioner would

submit that when the petitioner was removed from

service pending the criminal case since the petitioner

was taken into judicial custody on lodging of the FIR, no

C/SCA/11217/2022 ORDER DATED: 27/06/2022

orders were passed. However, despite his acquittal

before the Hon'ble Supreme Court, no consequential

orders have been made taking the petitioner back in

service. It is in this context that the petitioner has

made representations dated 20.05.2019 and

04.01.2020 to the respondent - Bank.

5. Without entering into the merits of the matter, the

respondents are directed to decide the pending

representations so made in accordance with law

preferably within a within a period of six weeks from

the date of receipt of copy of this order.

6. The petition stands disposed of with the above

direction. No costs.

7. Direct Service is permitted.

(BIREN VAISHNAV, J) VATSAL S. KOTECHA