Gujarat High Court
M V Nagani - Auditor Grade-I vs Registrar - Cooperative Societies on 30 July, 2025
NEUTRAL CITATION
C/SCA/15701/2010 ORDER DATED: 30/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15701 of 2010
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M V NAGANI - AUDITOR GRADE-I
Versus
REGISTRAR - COOPERATIVE SOCIETIES
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Appearance:
MR HASHIM QURESHI(1097) for the Petitioner(s) No. 1
MS DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 30/07/2025
ORAL ORDER
1. This petition is filed for the following prayers:
"7(A) That this Hon'ble Court be pleased to admit and allow
this petition and issue a writ of mandamus or a writ of
certiorari or any other appropriate writ, order or direction
and quash and set aside the order dated 31 st May 2010
(ANNEXURE `E') passed by the Gujarat Mulki Seva
Tribunal, Gandhinagar, by which the Hon'ble Tribunal has
maintained/confirmed the order dated 25 th January 2008
passed by the Registrar, Cooperative Societies and be pleased
to further direct the respondent to reinstate the petitioner in
service with all consequential benefits with regard to pay
and allowances and retiral benefits as if he had never been
removed from services.
(B) Pending admission hearing and final disposal of the
present petition, this Hon'ble Court be pleased to suspend
NEUTRAL CITATION
C/SCA/15701/2010 ORDER DATED: 30/07/2025
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the operation of order dated 31st May 2010 (ANNEXURE `E')
passed by the Gujarat Mulki Seva Tribunal, Gandhinagar
and be pleased to direct the respondent to provisionally
reinstate the petitioner in service subject to final outcome of
the present petition.
(C) xxxx"
2. At the outset, learned advocate for the petitioner
has referred to the judgment of the Hon'ble Apex Court in
the case of Deputy Director of Collegiate Education
(Administration), Madras V/s S Nagoor Meera reported in
1995(3) SCC 377, more particularly, paragraph 10, which
reads as under:
"10. What is really relevant thus is the conduct of the
government servant which has led to his conviction on a
criminal charge. Now, in this case, the respondent has been
found guilty of corruption by a criminal court. Until the said
conviction is set aside by the appellate or other higher court,
it may not be advisable to retain such person in service. As
stated above, if he succeeds in appeal or other proceeding,
the matter can always be reviewed in such a manner that
he suffers no prejudice."
3. Learned advocate for the petitioner submitted that
in view of the above decision, he does not press this petition
NEUTRAL CITATION
C/SCA/15701/2010 ORDER DATED: 30/07/2025
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with a liberty to file appropriate proceeding after decision of
outcome of criminal appeal which is pending before this
Court.
4. Accordingly, this petition is disposed of as not
pressed with the above liberty. Notice/Rule is discharged.
Interim relief, if any, stands vacated.
(SANDEEP N. BHATT,J)
SRILATHA
