(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) ORDER IN LETTERS PATENT APPEAL:
It prima facie appears that the learned Single Judge exercised the power for the first time for recovery of the amount from the salary of the appellant, who was not party in the proceedings of the Special Criminal Application.
Hence, ADMIT.
Learned counsel Mr. A.J. Yagnik for respondent No.1, Ms. Abha Makwana for respondent Nos.2 and 4 to 6 and learned Assistant Government Pleader Ms. Moxa Thakkar, waive service of notice of admission.
Learned counsel Mr. A.J. Yagnik for respondent No.1, Ms. Abha Makwana for respondent Nos.2 and 4 to 6 and learned Assistant Government Pleader Ms. Moxa Thakkar, waive service of Rule.
As such, it cannot be said that order could be passed without hearing the applicant. Further, merely because conviction is there, the same per se cannot be a ground for recovery unless the matter is examined in detail after giving opportunity of hearing to the party concerned and then order of recovery is passed. Hence, by way of interim order, it is directed that the order of the learned Single Judge in main Special Criminal Application, so far as it relates to recovering the amount from th appellant, shall remain stayed.
It is clarified that the question of maintainability of the appeal shall not get concluded by the present order and it will be open to the parties to raise respective contentions.
Civil Application is disposed of. Rule is made absolute accordingly.
(JAYANT PATEL, J.) (C.L. SONI, J.) omkar