(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The appeal is preferred from orders dated 25.2.2009 and 6.10.2010 of learned single judge of this Court and the grievance voiced by learned counsel Mr. Acharya appearing for the appellant is that while orders were made in favour of the appellant to pay the amounts of pension due to him, interest was not awarded to the appellant and a civil application filed by the petitioner was disposed without a reasoned order. That Civil Application No.14753 of 2008 was made to order an inquiry under Section 340 of Cr.P.C. into allegations against one of the officers of the respondent who was alleged to have made false statement on oath.
2. Perusing the impugned order 25.02.2009 in Special Civil Application No.8681 of 2008, it is clear that the issue of delay in payment of pension to the appellant had attracted the attention of learned single judge and the delay having been found to be not deliberate, the prayer for penal interest on delayed payment of pension was rejected. Similarly, when the main petition was being disposed with an order in favour of appellant, learned single judge appears to have not been inclined to unnecessarily prolong the proceedings by entertaining the civil application for ordering an inquiry. Since learned single judge appears to have duly exercised the discretion vested in the Court, the appeal is not required to be entertained and accordingly, it is dismissed and notice is discharged with no order as to costs.
[D.
H. WAGHELA, J.] [N.
V. ANJARIA, J.] Amit Top