LPA/28120/2002 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 281 of 2002 In SPECIAL CIVIL APPLICATION No. 454 of 1989 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI HONOURABLE MR.JUSTICE K.M.THAKER ================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================= DILIPSINGH K PARMAR - Appellant(s) Versus DIRECTOR, SAINIK WELFARE & 1 - Respondent(s) ================================================= Appearance : MR HASIT H JOSHI for Appellant(s) : 1, None for Respondent(s) : 1 - 2. ================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI and HONOURABLE MR.JUSTICE K.M.THAKER Date : 22/09/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The Letters Patent Appeal is filed challenging the order dated LPA/28120/2002 2/3 JUDGMENT 25th October 2001 passed by this Court in Special Civil Application No.454 of 1989. The Letters Patent Appeal was filed, but the same was dismissed for non prosecution in the year 2003. Later on, on Misc. Civil Application for restoration bearing No.2225 of 2008, having been filed which was allowed by this Court (Coram: A.L. Dave & Abhilasha Kumari, JJ.) on 13th August 2008. The order reads as under: “Heard learned advocate Mr.Joshi for the applicant. Considering what is stated in the application, supported by affidavit, we are inclined to accept this application. The application is allowed in terms of paragraph 5(A). The application stands disposed of accordingly.” That is how the Letters Patent Appeal is placed for hearing on admission board. Heard learned advocate Hasit Joshi for the appellant. Mr.Joshi invited attention of the Court to the order passed by this Court, wherein grounds are set out as to why this Court did not find it appropriate to entertain Special civil application No.454 of 1989. Mr.Joshi then invited attention of the Court to order passed by the Gujarat Civil Services Tribunal, Gandhinagar (“the Tribunal” for brevity) in Appeal No.377 of 1987, and Appeal No.137 of 1988 which was decided by judgement and order dated 26th July 1988. The Tribunal has set out, in detail, the charges levelled against the LPA/28120/2002 3/3 JUDGMENT petitioner/ appellant and reasons for which the Tribunal did not find favour with the appeals and dismissed both the appeals by a common judgement and order. 3. Mr.Joshi, learned advocate for the appellant apprises the Court that two appeals were filed before the Tribunal, as there was an order of reversion dated 22nd July 1987, and thereafter there was an order of removal from service dated 11th November 1987. This Court is in complete agreement with the reasons given by the learned Single Judge for not entertaining the Special Civil Application. Besides, looking to the nature of the allegation made against the petitioner, no sympathy can be invoked in favour of the petitioner. 4. In the result, the Letters Patent Appeal fails and is dismissed. (RAVI R. TRIPATHI, J.) (K.M. THAKER, J.) karim