1. Vide order dated 7.10.2011, this Court had passed the following order:-
"Learned counsel for the petitioner has placed reliance on the decision of this Court in the case of Dipendra Keshavlal Mehta vs. State of Gujarat and another, reported in 2005(2) GLR 1798, and submitted that, as provided in Rule 5(1) of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 in case where the period of suspension is over by 90 days, unless a fresh order is passed or earlier period of 90 days is extended before expiry of such period, the petitioner is to be treated on duty by reinstating him.
In view of the above, issue notice returnable on 9th November 2011."
2. The matter was lastly listed on 12.1.2012 in order to enable the learned advocate for the respondent Municipality to file an affidavit. The matter was peremptorily kept today.
3. Mr.
M.B. Parikh, learned advocate for the respondent Municipality, however, submits that he is yet to receive instructions from the respondent Municipality through its Chief Officer.
4. Considering the issue involved in the matter and the earlier order dated 7.10.2011, the respondent is directed to file an affidavit in reply on or before 25.1.2012, failing which, the Chief Officer of the respondent Municipality shall personally remain present.
5. S.O.
to 25.1.2012.
A copy of this order may be given to Mr. M.B. Parikh, learned advocate for the respondent Municipality for its onward communication.
[R.M.CHHAYA, J.] mrpandya Top