IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 2098 of 2001 For Approval and Signature: Hon'ble MR.JUSTICE KUNDAN SINGH ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- KALPANABEN MUKESHCHANDRA PATEL Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MR BA SURTI for Petitioner MS BR GAJJAR AGP for Respondents No. 1 & 2. MS KJ BRAHMBHATT for Respondent No. 3 & 4. HL PATEL ADVOCATES for Respondent No. 5 -------------------------------------------------------------- CORAM : MR.JUSTICE KUNDAN SINGH Date of decision: 23/04/2001 ORAL JUDGEMENT Heard the learned counsel for the parties. 2. The main prayer made in this petition is for a direction to the respondents to take action against the respondent no. 5 who having committed breach of Service Rules against them on Constitution and Statute. 3. The learned counsel for the petitioner could not show any Rule requiring the respondents no. 1 to 4 to take action against the respondent no. 5. The learned counsel for the respondent No. 3 Bank makes a statement that the respondent no. 3 has already issued a show cause notice to the respondent no. 5 and thereafter the respondent no. 5 has already been placed under suspension and thus the respondent no. 3 has initiated proceedings against the respondent no. 5. Therefore, this petition has become infructuous. 4. In the facts and circumstances of this case, this petition is dismissed having become infructuous. Rule is discharged with no order as to costs. However, the respondent no. 3 Bank would be at liberty to take any action against the respondent no.5 if needed under the relevant Rules. -0-0-0-0-0- /JVSatwara/