Gujarat High Court
Lilavati Shantilal Madhu vs State Of Gujarat on 14 August, 2025
NEUTRAL CITATION
C/SCA/4903/2020 JUDGMENT DATED: 14/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4903 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
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Approved for Reporting Yes No
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LILAVATI SHANTILAL MADHU
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR KB PUJARA(680) for the Petitioner(s) No. 1
MR. HENIL SHAH, AGP for the Respondent(s) No. 1 - STATE
GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4,5,6,7
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 14/08/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned advocate for the respondent waives service of notice of rule on behalf of respondent. With the consent of the parties, the matter is considered for final disposal and disposed of accordingly.
2. The present petition is filed for seeking the following reliefs:
"(a) to direct the respondents to forthwith re-instate the Page 1 of 7 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 22:30:15 IST 2025 NEUTRAL CITATION C/SCA/4903/2020 JUDGMENT DATED: 14/08/2025 undefined petitioner in service with continuity of service and back-
wages and all other consequential benefits, as she has already been acquitted in Criminal Case by Judgment & Order dtd. 4-5-2015 passed in Criminal Appeal No. 100/2004 (Coram: K.J.Thaker, J) as per Annexure-C;
(b) to quash and set aside the impugned order of dismissal of the petitioner from service dated 24-7-2006 as per Annexure M which was passed only on the basis of the petitioner's conviction by the Ld. Trial Court, but it is now set aside by the Hon'ble High Court, by Judgment & Order dtd. 4-5-2015 passed in Criminal Appeal No. 100/2004 (Coram: K.J.Thaker, J) as per Annexure-C;
(c) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to direct the respondents to forthwith allow the petitioner to resume duties and to draw salaries as Gynaecologist, Class-I at General Hospital, Amreli, subject to further orders that may be passed by this Hon'ble Court;
(d) to direct the respondents to pay all the monetary benefits together with interest @ 18% per annum with w.e.f. the date of Judgement of acquittal dated 4-5-2015 rendered by the Hon'ble High Court;
(e) to allow this petition with costs of Rs. 1,75,000/-;
(f) to grant any other appropriate and just relief/s;" Page 2 of 7 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 22:30:15 IST 2025
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3. Heard Mr. K.B. Pujara, learned advocate for the petitioner and Mr. Henil Shah, learned AGP for the respondent-State.
4.1 Mr. K.B. Pujara, learned advocate for the petitioner has drawn my attention towards the order dated 24.02.2020 passed by the Co-ordinate Bench of this Court, which reads thus:
"1. The case of the petitioner is that the petitioner who was serving as a full time Gynaecologist in Class-III service, was dismissed from service on the ground of her conviction on 07.01.2004 in Special Case No. 46 of 1995. On an appeal being preferred, being Criminal Appeal No. 100 of 2004, this Court by a judgment and order dated 04.05.2015, allowed the appeal and acquitted the petitioner. The case of the petitioner is that dismissal was solely based on the conviction of the petitioner in the criminal case.
2. Once, the petitioner has been acquitted of the criminal case, there is no reason why the petitioner should not be reinstated in service. The respondents, shall on the returnable date i.e. 16.03.2020, respond as to why the petitioner should not be reinstated forthwith, if there is no other disqualification.Page 3 of 7 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 22:30:15 IST 2025
NEUTRAL CITATION C/SCA/4903/2020 JUDGMENT DATED: 14/08/2025 undefined Issue Notice to the respondents, returnable on 16.03.2020. Direct service is permitted."
4.2 He has also drawn my attention towards the order dated 21.09.2022 passed by the Co-ordinate Bench of this Court, which reads thus:
"Heard Mr. Pujara, learned counsel for the petitioner. Pursuant to a conviction in a Criminal Case on 7.1.2004,the petitioner has been dismissed from service on 24.7.2006. By a judgment and order dated 4.5.2015 in Criminal Appeal No.100/2004, the conviction has been set aside and the petitioner has been acquitted. The respondents are directed to consider and pass an appropriate order on or before 10.11.2022 in light of the fact that since the order of dismissal was solely based on conviction as to why the petitioner should not be reinstated.
On the next date, the decision on the representation dated 15.9.2015 shall also be taken.
Stand over to 11.11.2022."
4.3 He has also submitted that thought the order of dismissal is revoked by the State Government but reinstatement is yet not granted to the petitioner and petitioner is ready and willing to join the service if the Court directs to do so. He has also drawn the attention of this Court towards various documents as well as Page 4 of 7 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 22:30:15 IST 2025 NEUTRAL CITATION C/SCA/4903/2020 JUDGMENT DATED: 14/08/2025 undefined averments made in the present petition. In view of the above, he has prayed to allow the present petition.
5. Per contra, Mr. Henil Shah, learned AGP for the respondent-State has strongly opposed the contention raised at the bar by learned advocate for the petitioner and has submitted that there is delay on the part of the petitioner to approach this Court. By referring to his affidavit-in-reply, he has submitted that no relief as prayed for in the present petition can be granted to the petitioner as there is no illegality or impropriety committed by the respondent-Authority in terminating the service of the petitioner. In view of the above, he has prayed to dismiss the present petition. 6.1 I have considered the rival submissions made at the bar by the respective parties. I have considered the prayers prayed in the present petition. Considering the fact that now State has revoked the order of terminations on 30.01.2023 during the pendency of the present proceeding and considering the fact that petitioner is willing to join the services, there is now only issue, which reams is that appropriate direction is Page 5 of 7 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 22:30:15 IST 2025 NEUTRAL CITATION C/SCA/4903/2020 JUDGMENT DATED: 14/08/2025 undefined required to be passed.
6.2 Considering the orders dated 24.02.2020 and 21.09.2022 passed by the Co-ordinate Bench of this Court and considering the fact that the petitioner is willing to join the duty and considering the fact that reinstatement is yet not permitted by the respondent-Authority and considering the totality of the facts and circumstances of the present case and considering the fact that now termination order itself is revoked and considering the fact that conviction is set aside in conviction appeal on 04.03.2015, the prayers made in the present petition is require to be considered.
7. Accordingly, the present petition is allowed in terms of paragraphs 10(A) and (D) of the present petition.
8. It is also further directed that the petitioner shall report before the respondent No.2-Authority on 21.08.2025. On that day, the respondent No.2-Authority will do needful to carry out necessary formalities pursuant the same.
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9. Considering the peculiar facts and circumstances of the case and considering the subsequent development in the matter, facts and other aspects of the matter are not discussed in detail.
10. Rule is made absolute accordingly. Direct service is permitted.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 7 of 7 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 22:30:15 IST 2025