Gujarat High Court
Harisinh Gulabsinh Cudasama vs The State Of Gujarat on 12 February, 2025
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/LPA/695/2024 ORDER DATED: 12/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 695 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 634 of 2016
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/LETTERS PATENT APPEAL NO. 695 of 2024
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HARISINH GULABSINH CUDASAMA
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR SHRIRAJ D SHAH(10475) for the Appellant(s) No. 1
MS NIRALI SARDA, AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 12/02/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.
2. ADMIT. Learned Assistant Government Pleader waives service of notice of admission on behalf of the respondent- State authorities.
3. The present Letters Patent Appeal filed under Clause 15 of the Letters Patent, 1865, is directed against the judgment and order dated 06.03.2024 passed by the learned Single Judge dismissing the captioned writ petition seeking reinstatement of the original petitioner on his original post as "Armed Police Constable", since the petitioner was not allowed to withdraw his resignation.
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4. After matter was considerably heard by us, learned Assistant Government Pleader, on instructions of Mr. M. B. Solanki, Deputy Superintendent, Headquarter, Patan, has submitted that the appellant - original petitioner will be afforded an opportunity of hearing, as requested by him vide communication dated 08.10.2015 and fresh order will be passed. She has further submitted that the order dated 29.10.2015 will be withdrawn.
5. The facts arising from the present appeal are that the appellant - original petitioners was appointed as an Armed Police Constable on 21.03.2001 and thereafter, it appears that pursuant to some departmental inquiry, he was dismissed from service and ultimately, he was reinstated pursuant to the order passed by this Court on 10.06.2014. Thereafter on 01.07.2015, the appellant filed an application seeking voluntary retirement or allot him some office work since he was under medical treatment. Another application dated 18.08.2015 was filed by him mentioning that if his resignation is not accepted then he would be constrained to file proceedings before the Court. Finally on 08.10.2015, while referring his medical condition, he requested that he may be given some office work or in the alternative his resignation may be accepted and before any order is passed, he may be heard personally. Ultimately by the order dated 29.10.2015, the Superintendent of Police, Patan accepted his resignation, which was assailed by him before the learned Single Judge. Such resignation has been accepted by following the provisions of the Rule 36(5) of the Gujarat Civil Services (General Condition of Services) Rules, 2002 read with the Rule 216 of the Gujarat Police Manual, Part-1.
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6. Learned advocate Mr.Shriraj D. Shah, appearing for the appellant has submitted that before passing of the order dated 29.10.2015, the respondents-authorities were supposed to hear the present petitioner so that he could have explained his medical condition and including that his acceptance of resignation was illegal and against the aforementioned provision, as he had not tendered one month's notice.
7. Since on instructions, learned Assistant Government Pleader has submitted that the appellant will be afforded opportunity of hearing and fresh order will be passed after withdrawal of the order dated 29.10.2015, we are not inclined to further examine the matter on merits. It will be open for the appellant to take all available contentions before the respondent-authorities. The respondent- authorities shall consider such contentions and oral submissions made by him and pass appropriate order after affording him personal hearing.
8. The fresh order shall be passed within a period of two weeks after the appellant is heard by the respondent- authorities. In case, the order is adverse against the appellant, liberty is reserved in his favour to assail the same in accordance with law.
9. With these observations, the present appeal is allowed. The order dated 29.10.2015 passed by the respondent - authorities under Rule 216 of the Gujarat Police Manual, Part-1, and the order passed by the learned Single Judge are quashed and set aside.
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10. As a sequel, the connected civil application also stands disposed of accordingly.
Direct Service is permitted.
Sd/-
(A. S. SUPEHIA, J) Sd/-
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