(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The appellant has sought to challenge order dated 5.9.2011 of learned Single Judge of this Court in Special Civil Application No.12607 of 2011, whereby the appellant's petition is dismissed. There is no dispute about the facts that the petitioner is charge-sheeted in a criminal case under the provisions of the Prevention of Corruption Act and that case is pending before the competent Court. On the other hand, the petitioner had been deployed on mid-day meal scheme as an organizer and it was an honorary job for which the petitioner was paid Rs.1,000/- per month by way of honorarium. Under such circumstances, it is expressly kept open for the appellant, in the impugned order, to make proper representation in case he is acquitted by the competent Court. Therefore, no exception could be made against refusal of this Court to exercise its extraordinary jurisdiction under Article 226 of the Constitution so as to interfere with order dated 9.12.2010 of the Deputy Collector as confirmed by order dated 21.3.2011 of the Collector concerned. Accordingly, the appeal is dismissed along with Civil Application.
(D.H.Waghela, J.) (G.B.Shah, J.) *malek Top