C/SCA/15461/2017 ORDER DATED: 25/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15461 of 2017 ========================================================== MASHARUBHAI LIMBABHAI GAMAR Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR KH BAXI(150) for the Petitioner(s) No. 1 MS. KRISHNA DESAI, ADDL. GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 25/07/2025 ORAL ORDER 1. The petition is directed against the refusal of the respondent to grant the petitioner earned leave. It is not in dispute that the petitioner sought for earned leave from 15.06.2014 to 21.10.2014. The reason given for seeking for earned leave was that the petitioner had preferred an appeal against the punishment imposed on him and until the appeal was disposed of, he was required be granted earned leave. The leave sanctioning authority has basically refused this request and has stated that the reason given by the petitioner that until his transfer to another jail, he is entitled to earned leave, cannot be granted. 2. It is also stated in the reply that the petitioner was asked to remain present under two letters dated 31.05.2014 and 03.09.2014 and yet the petitioner did not present himself and has flouted the orders of the competent authority. C/SCA/15461/2017 ORDER DATED: 25/07/2025 3. In my view, in light of this particular conduct of the petitioner, the Authorities were justified in refusing his request for grant of earned leave and for treating the period from 15.06.2014 to 21.10.2014 as leave without pay. I find no reason to entertain the petition. Therefore, petition is hereby dismissed. Rule, if any, is hereby discharged. (NSSG,J) Mehul Desai Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 28/07/2025 13:00:26