Ramanlal Nathuji Patel Vs. Director of Pension and Provident Fund and 6 - Court Judgment

Excerpt:
indian penal code (ipc) - section 452 - house-trespass after preparation for hurt, assault or wrongful restraint -- learned counsel for the appellant sahnawaz contends that none of the appellants was arrested on the spot. none of the prosecution witnesses have identified the appellant. appellant has not been identified at any point of time. pw5, pw6 and pw10 have deposed about the incident. pw3 and pw4 have specifically identified the accused persons in the court. this witness has further identified appellant ashraf and shahnawaz in the court correctly. in regard to the identity of the accused persons pw3 and pw4 have identified the appellants herein as the persons who had entered the shop on 8th july 1999. appellants were awarded sentence of rigorous imprisonment for seven years for offence punishable under section 397 ipc. gujarat high court case information system body {scrollbar-face-color: #d4d0c8; scrollbar-highlight-color: #808080; scrollbar-shadow-color: #d4d0c8; scrollbar-arrow-color: #ffffff; scrollbar-dark-shadow-color: #ffffff} span.searchword { background-color:yellow; } function loadsearchhighlight() { var chkparamc = "txtsearch" if (chkparamc == "txtsearch") { searchhighlight(); document.searchhi.h.value = searchhi_string; if( location.hash.length > 1 ) location.hash = location.hash; } } print sca/8597/2010 2/2 orderinthe high court of gujarat at ahmedabadspecialcivil application no. 8597 of 2010======================================ramanlalnathuji patel - petitioner(s)versusdirectorof pension & provident fund & 6 - respondent(s)======================================appearance :mrkb pujara for petitionerms.jhirga jhaveri, agp, for respondents-statemrdipen a desai for respondent(s) :7,======================================coram : honourable mr.justice anant s. davedate: 03/10/2011 oralorder heardthe learned advocates for the parties. itis not in dispute that the orders/communication dated 4thseptember 2010 and 16th october 2010 issued by the deputydirector, department of tribal development, government of gujarat, tothe director of pension, provident fund, and the district treasuryofficer, himmatnagar, discontinuing and closing right of thepetitioner to receive pension, were passed without hearing thepetitioner in breach of audi-alterem-partem and principles of naturaljustice and even the said orders/communication were not communicatedto the petitioner. atthe same time, it is necessary to consider the case of the petitionerin the context of his initial appointment with uttar buniyadi ashramshala (post basic ashram schoo, std. viii to x) , dholvani,vijaynagar, dist: sabarkantha, since 1st july 1979 andthereafter from 28th june 1984 the petitioner was shiftedon loan service to ashram shala (primary school, std. i to vii),shamalpur, taluka bhiloda, where the petitioner worked till attainingthe age of superannuation on 30th june 209. during thetenure as head cook for about 25 years with the ashram shala from20th june 1984 to 30th june 2009, the status ofthe petitioner as head cook was approved and the petitioner continuedto receive salary including revision from time to time and the grantwas paid to the management by the government accordingly. besides,the petitioner had, initially in the year 1984 when he was shifted onloan service, objected to the management about his rights accruingunder the service conditions prevailing for the employees of uttarbuniyadi ashram shala/schools. inthe above circumstances, the respondent-state government is directedto point out the relevant rules governing the service conditions ofthe employees of uttar buniyadi ashram shala and ashram shala(primary section) to the court by the next date. itis made clear, if the orders impugned are found to be in breach ofthe natural justice and the stoppage of pension to the petitioner isheld to be illegal, then the respondents are liable to pay arrears ofpension along with reasonable rate of interest from the date ofpassing such orders and the concerned officers would be liable forthe same. s.o.to 17th october 2011. d.s. is permitted. copyof this order be given to the learned agp.(anants. dave, j.)(swamy)     top