LPA/1240/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1240 of 2008 In SPECIAL CIVIL APPLICATION No. 10783 of 2008 With CIVIL APPLICATION No. 12495 of 2008 In LETTERS PATENT APPEAL No. 1240 of 2008 In SPECIAL CIVIL APPLICATION No. 10783 of 2008 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT 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 civil judge ? ========================================================= UNITED INDIA INSURACE CO.LTD. THRO' CHAIRMAN CUM M.D. & 1 - Appellant(s) Versus R M SHAH - Respondent(s) ========================================================= Appearance : MR MAULIK J SHELAT for Appellant(s) : 1 - 2. MR BIREN A VAISHNAV for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 24/12/2008 LPA/1240/2008 2/3 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) Heard the learned advocates. With the consent of the learned advocates, we hear and decide the Appeal today. This Appeal under Clause 15 of the Letters Patent has been preferred by the United India Insurance Company Limited against the interim order made by the learned Single Judge pending the above Special Civil Application No.10783 of 2008. By order dated 2nd June, 2008 made by the disciplinary authority, the respondent delinquent has been held guilty of the imputation of the charge made against him and has been visited with punishment of reduction in basic pay by 18 steps. The said order is challenged by the respondent in the above Special Civil Application No.10783 of 2008. Pending the petition, the learned Single Judge has stayed the implementation of the impugned order. Therefore, the present Appeal. LPA/1240/2008 3/3 JUDGMENT We are of the opinion that the interim order made by the learned Single Judge amounts to allowing the petition before final decision. In the event, the respondent succeeds, loss suffered by him can be made good. The balance of convenience lies in favour of the appellant United India Insurance Company Limited. In above view of the matter, we allow this Appeal. The impugned order dated 8th October, 2008 made by the learned Single Judge is set aside. Interim relief, pending the petition, is refused. The learned advocates may approach the learned Single Judge for early hearing of the petition. In view of the above order, the Civil Application stands disposed of. [Ms. R.M.Doshit, J.] [K.M.Thaker, J.] kdc