Ms. Moxa Thakkar, learned APP waives service of notice of Rule.
Heard Ms. Moxa Thakkar, learned APP for the respondent and perused the record.
The jail record shows that petitioner has been absconded for 4365 days and on relying upon the case of Kalpesh Gunwantlal Soni v. State of Gujarat and ors, reported in 2001(C) GLR, 381, his earlier application being Special Criminal Application No.1738/2013 has been dismissed by this Court. At present, the petitioner has prayed for setting aside the order of punishment because of such abscondment. The competent authority has rejected application of the petitioner on the ground of his abscondment for 4365 days, vide his order dated 30.8.2013. In view of above situation, I do not see any reason to allow the application as prayed for by the applicant. I do not see any irregularity or illegality in the order dated 30.8.2013, passed by the Competent Authority.
In view of above facts and circumstances, there is no reason to interfere or modify such punishment of the petitioner and hence his present application stands dismissed.
(S.G.SHAH, J.) VATSAL Page 2 of 2