IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 8801 of 1993 with CIVIL APPLICATION No. 11269 of 1997 For Approval and Signature: Hon'ble MR.JUSTICE R.A.MEHTA ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? No 2. To be referred to the Reporter or not? No J 3. Whether Their Lordships wish to see the fair copy of the judgement? No 4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? No 5. Whether it is to be circulated to the Civil Judge? No -------------------------------------------------------------- BHATIBHAI P KHANT Versus UNION OF INDIA -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 8801 of 1993 MR MB FAROOQUI for Petitioner MR MJ THAKORE for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE R.A.MEHTA Date of decision: 27/02/98 ORAL JUDGEMENT Civil Application for heirs granted and disposed of. 1. In the main matter, the original petitioner had challenged the inquiry against him on the ground of misconduct of absence from duty. The petitioner had been suffering from cancer and in fact he has died during the pendency of the petition. Therefore, the question of quashing the inquiry does not survive. 2. The petitioner had applied for voluntary retirement. That request was not granted. In the facts and circumstances of the case, his request for voluntary retirement requires to be sympathetically considered and if there is no serious objection, it can be accepted. The widow of the petitioner desires to make a representation to the respondent authorities. Instead of removal from service, if the benefit of voluntary retirement is granted, it will reduce the hardships of the widow of the petitioner. 3. In the facts and circumstances of the case, the respondent authorities are directed to consider the representation of the widow of the petitioner and decide the same expeditiously and sympathetically. The widow of the petitioner to make representation within one month from today and the respondent authorities shall decide the same within three months from the date of receipt of such representation. The petition is disposed of accordingly. Rule discharged. ------ mhs/-