1. Heard Mr. Alok M. Thakkar, learned Advocate for the petitioner and Mr. Niraj Sharma, learned Assistant Government Pleader for the respondent-State.
2. In response to the notice issued by this Court Mr. Sharma, learned Assistant Government Pleader has tendered communication dated 18.1.2012 addressed to learned Government Pleader, High Court of Gujarat. Copy of the same is taken on record and a copy of the said communication is also given to Mr. Thakkar, learned Counsel for the petitioner. Mr. Sharma, learned Assistant Government Pleader on the basis of the said communication submitted that the respondent shall complete the inquiry within a period of one year from today.
3. Mr.
Alok Thakkar, learned Counsel for the petitioner has submitted that as such departmental inquiry is not commenced even though reply has been filed by the petitioner to the chargesheet submitted on 16.6.2009. Mr. Thakkar further submitted that in view of the communication dated 18.1.2012, the respondents have now themselves stated before this Court that the inquiry shall be over within a period of one year.
4. It would be open to the petitioner to raise all contentions that are available in accordance with law and is also permitted to raise the contentions which are raised in the present petition. The respondents shall consider such contentions and examine the grievances of the petitioner during the departmental inquiry proceedings itself and shall complete the inquiry within a period of one year from today i.e. on or before 22.02.2013. The petitioner shall also cooperate in the inquiry and Mr. Thakkar, learned Counsel for the petitioner assures this Court that the petitioner shall remain present as and when called by the competent authority/inquiry officer. It is also made clear that this Court has not examined the matter on merits and the same is being disposed of on basis of the statement made in communication dated 18.1.2012.
5. With this direction, the petition is disposed of. Notice discharged with no order as to costs. Direct service permitted.
Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top