Bahadursinh Shivubha Jadeja vs State Of Gujarat
2023 Latest Caselaw 6126 Guj

                                                                                 NEUTRAL CITATION




     C/SCA/11557/2023                              ORDER DATED: 21/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 11557 of 2023

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                        BAHADURSINH SHIVUBHA JADEJA
                                   Versus
                             STATE OF GUJARAT
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Appearance:
CHETAN S VITHLAPARA(8893) for the Petitioner(s) No. 1
MR LAVJI V BHAJAGOTAR(13585) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MR SAHIL TRIVEDI, ASST. GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 21/08/2023

                                ORAL ORDER

1. Heard learned advocate Mr. Chetan Vithalpara on behalf

of the petitioner and learned Assistant Government Pleader

Mr. Sahil Trivedi on behalf of the respondent State.

2. By way of this petition, the petitioner has sought for the

following reliefs:-

"(A) Your Lordship may be pleased to admit and allow this petition.

(B) Your Lordship may be pleased to quash and set aside the impugned order dated 05.01.2015 or 20.01.2015, whereby earlier pension of the petitioner was not considered for the purpose of continuity of pension in the interest of justice (Annex-E).

(C) Pending admission and till final disposal of

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C/SCA/11557/2023 ORDER DATED: 21/08/2023

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this petition, Your Lordship may be pleased to stay the impugned orders dated 05.01.2015 or 20.01.2015 by the respondent authorities and further be pleased to direct the respondent authorities to consider pension of petitioner since January-2015 for all purposes in the interest of justice (Annex-E).

(D) Any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case."

3. Considering the submissions made by learned advocate

and having regard to the averments on record, it prima facie

appears that the present petitioner had been convicted by a

Criminal Court more particularly for an offence under the

prevention of Corruption Act vide judgment and order dated

03.10.2013. It would appear that while the present petitioner

had preferred a criminal appeal before this Court and prayed

for suspension of sentence, the same had been granted by this

Court vide order dated 25.10.2023. It also appears that vide

an order probably of the year 2014 which is annexed with the

petition, the Home Department of the State Government, in

exercise of powers under Rule 24 of the Gujarat Civil Service

(Pension) Rules, 2002 imposed a punishment of 100% pension

cut. It appears that in the interregnum, before such order has

been passed, the present petitioner had been paid provisional

pension. The entire basis of the present petition appears to be

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C/SCA/11557/2023 ORDER DATED: 21/08/2023

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that since the provisional pension had been paid to the

petitioner, therefore, he was entitled to pension even after the

order of conviction.

4. In the considered opinion of this Court, this Court does

not find any error in the decision by the respondent

authorities more particularly the same being in consonance

with the service rules. Having regard to the same, the present

petition stands disposed of as rejected.

(NIKHIL S. KARIEL,J) Bhoomi