(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) Earlier, when the case was taken up, it was informed that Shri Pramod Kumar, Additional Director General of Police (Administration), State of Gujarat, Gandhinagar was enquiring the matter. Therefore, the case was adjourned. Now a report had been submitted by the said Officer, who has forwarded the report to Principal Secretary, Home Department, Government of Gujarat, by letter dated 22nd March 2011. From the said report it appears that the Additional Director General of Police (Administration), State of Gujarat, Gandhinagar has given his findings and forwarded it to the State authorities for its decision.
As it is for the competent authority i.e., the State to decide as to whether any action to be taken on the basis of the report, as submitted by Mr Pramod Kumar, Additional Director General of Police (Administration), State of Gujarat, Gandhinagar we are not inclined to make any observation at this stage leaving it open to the State to take a decision either way preferably within one month.
It is needless to state that if any departmental action is required to be taken against any Government employee or Officer, the competent authority will proceed in accordance with law.
It is for the Principal Secretary, Home Department, Government of Gujarat to decide whether such report should be provided to the petitioner or any other person or not.
Post the matter on 27th June 2011. Let copy of the report be kept in sealed cover in the Court.
(S.J. Mukhopadhaya, CJ.) (J.B.Pardiwala, J.) *mohd Top