JUDGEMENT
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(1.)Leave granted.
(2.)The State of Gujarat is in appeal before us against the judgment dated 11-2-1998, passed by a Division Bench of the Gujarat High Court by which the judgment and order dated 17-11-1997, passed by the single Judge, was set aside and the writ petition of the respondent, by which he had questioned the validity of the order dated 21-7-1988, by which he was compulsorily retired from service, was allowed.
(3.)The respondent was appointed as a Clerk in the Office of the Food Controller, Ahmedabad and after about twenty-one years of service, he was promoted as an Assistant Food Controller (Class II) in the Office of the Food Controller, Ahmedabad. In 1983, certain compLalnts were received against the respondent regarding permits for cement having been issued illegally by him and, therefore, he was placed under suspension on 31-5-1983 and an enquiry by the State C.I.D. (Crime and Railway) was ordered into the matter of issuance of bogus cement permits. On the receipt of the C.I.D. enquiry report, which prima facie made out a case of issuing cement permits to bogus institutions which were not in existence in Ahmedabad, a First Information Report under various sections of the Indian Penal Code read with the provisions of the Prevention of Corruption Act, 1947 was filed against the respondent on 23-12-1983. Another F.I.R. was lodged against the respondent on the same day in respect of offences committed by him by fabricating the rubber stamp of the Government and fabricating bogus permits in favour of equally bogus parties.