Chief District Health Officer vs Barot Govindbhai Kirankumar

                                                                                          NEUTRAL CITATION




      C/LPA/1035/2023                                   ORDER DATED: 04/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/LETTERS PATENT APPEAL NO. 1035 of 2023
          In R/SPECIAL CIVIL APPLICATION NO. 13579 of 2021
                                With
        CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2023
            In R/LETTERS PATENT APPEAL NO. 1035 of 2023

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                        CHIEF DISTRICT HEALTH OFFICER
                                     Versus
                        BAROT GOVINDBHAI KIRANKUMAR
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
for the Respondent(s) No. 1
MS SHRUTI DHRUVE, AGP for the Respondent(s) No. 2

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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                 Date : 04/09/2023

                                  ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr.Munshaw for the appellant - Chief District Health Officer.

2. What is sought to be called in question by filling this Letters Patent Appeal is common judgment and order dated 30.8.2022 of learned single Judge in sofar as it relates to the decision in Special Civil Application No.13579 of 2021.

2.1 Learned single Judge has passed the following observations while disposed of the petition.

NEUTRAL CITATION C/LPA/1035/2023 ORDER DATED: 04/09/2023 undefined "Accordingly, the petitioner herein shall also be governed by the order dated 08.07.2022 passed in the Letters Patent Appeals as quoted hereinabove, the orders of termination are set aside. The respondents are directed to pay back wages from 30.08.2022 and said compliance shall be made within an outer limit of ten weeks from today. However, in light of the order dated 08.07.2022 particularly clause (viii) thereof the petitioners shall extend full cooperation to the District Panchayat in concluding the inquiry and it is needless to say that in the event of any such petitioners failing to co-operate in the inquiry the appropriate authority would be at liberty to adjudicate the same in accordance with law."

3. In Special Civil Application, respondent- original petitioner prayed to set aside the order of termination dated 6.12.2018. The order of termination came to be passed on the ground that while securing the appointment to the post of Multipurpose Health Worker (Male), the petitioner had produced the certificate of the course of Sanitary Inspector obtained from OPJS University, Churu, Rajasthan, which was not acceptable.

4. While giving aforesaid directions in para 5 of the order, learned single Judge has relied order dated 8.7.2022 passed in Letters Patent Appeal No.1411 of 2018 in which the controversy was addressed by the Letters Patent Bench. It is an admitted position that the controversy addressed in the said Letters Patent Appeal, relied on by learned single Judge, is same as involved in the present case.

5. In the above view, while this court does not find any error in the order impugned, it is reiterated that the appellant is at Page 2 of 3 Downloaded on : Sat Sep 16 15:54:35 IST 2023 NEUTRAL CITATION C/LPA/1035/2023 ORDER DATED: 04/09/2023 undefined liberty to conduct the inquiry as per the directions of learned single Judge.

The present Letters Patent Appeal is dismissed.

In view of dismissal of the appeal, the Civil Application will not survive. It is accordingly disposed of.

(N.V.ANJARIA, J) (D. M. DESAI,J) Manshi Page 3 of 3 Downloaded on : Sat Sep 16 15:54:35 IST 2023