Gujarat High Court
Raghubhai Odhabhai Shiyal vs State Of Gujarat Through Additional ... on 9 October, 2025
NEUTRAL CITATION
C/SCA/8109/2020 ORDER DATED: 09/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8109 of 2020
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RAGHUBHAI ODHABHAI SHIYAL
Versus
STATE OF GUJARAT THROUGH ADDITIONAL CHIEF SECRETARY &
ORS.
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Appearance:
MR SAURABH J MEHTA(2170) for the Petitioner(s) No. 1
MR. NISARG N JAIN(8807) for the Respondent(s) No. 4,5
NOTICE SERVED for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 09/10/2025
ORAL ORDER
1. The present petition is filed for the following prayers.
"7(a) Your Lordships may be pleased to issue a writ of Writ of Mandamus or any other appropriate writ or direction in nature of Mandamus restraining the Respondents, their servants, agents and subordinates not to pass any order of dismissal/termination from services against the petitioners in pursuance to the show cause notice dated 9/18/3/2020 at Annexure A to this petition, without following due procedure of law, without holding departmental inquiry and further be Page 1 of 5 Uploaded by SYED SHAHANAZ(HC02353) on Tue Oct 14 2025 Downloaded on : Tue Oct 14 23:30:09 IST 2025 NEUTRAL CITATION C/SCA/8109/2020 ORDER DATED: 09/10/2025 undefined pleased to continue the present Petitioner in the services without any hindrances, and further be pleased to restrain the Respondents not to change any service conditions of the Petitioner, detrimental to his service career;
(b) Pending the hearing and final disposal of the present petition, Your Lordships may be pleased to direct the Respondents, their servants, agents and subordinates not to terminate / dismiss the Petitioner from services and permit/allow the present petitioner to discharge his duties on his post as MPHW;
(c) Any other and further relief's as this Hon'ble Court may deem fit and proper in the circumstances of the case."
2. Heard learned advocate Mr. Nandish Shah for Mr. Saurabh Mehta for the petitioner, Mr. Henil Shah for the Respondents No.1-3. and Mr. Nisarg Jain for the Respondent No.4 and 5, It is submitted by learned advocate for the petitioner that in similar set of facts, the Coordinate Bench has passed order in SCA No.900 of 2021 dated 14.10.2024. A copy of that order is also given to the Court for perusal and Page 2 of 5 Uploaded by SYED SHAHANAZ(HC02353) on Tue Oct 14 2025 Downloaded on : Tue Oct 14 23:30:09 IST 2025 NEUTRAL CITATION C/SCA/8109/2020 ORDER DATED: 09/10/2025 undefined has submitted that in view of this, appropriate order may be passed.
3. He further submitted that, as such directions given in the Para 9 of that order will suffice and serve the purpose of the petitioner. He has further submitted by referring to the order dated 09.03.2020, whereby while issuing notice, the Court has clarified that if the respondents propose to take any action, the same shall be in see and check and, therefore, he has submitted that till today, no action has taken against the respondent. Learned advocate Mr. Jain for the Respondent Nos.4 and 5 has submitted that the judgment passed in SCA No.900 of 2021 is on the different set of facts whereby the service of the petitioner was terminated and therefore the appropriate direction was granted. In the present case, the petitioner has rushed to this Court a the stage of the showcause notice even without replying to the showcause notice, by giving the preliminary reply and thereafter the present petition is filed. Therefore, he has submitted that the present petition can be considered as premature. He also confirmed that till today no action is taken. The matter is pending since 2020 without any action being taken. Learned AGP has also submitted that the present petition should be considered as a premature petition as looking to the prayer and stage of the petition essentially Page 3 of 5 Uploaded by SYED SHAHANAZ(HC02353) on Tue Oct 14 2025 Downloaded on : Tue Oct 14 23:30:09 IST 2025 NEUTRAL CITATION C/SCA/8109/2020 ORDER DATED: 09/10/2025 undefined the challenge is against the showcause notice issued by the respondent authority.
4. Considering the submission and considering the fact that the petitioner has filed the petition at the stage of issuance of showcause notice by giving preliminary reply, petitioner has rushed to this Court by filing present petition and the Court issued notice to the respondent. Though there is no interim relief granted in the favour of the petitioner, it is stated at the bar that till today no adverse action is taken against the petitioner. Considering the same, let the petitioner participate in the proceeding before the authority pursuant to the showcause notice issued by the respondent authority and the respondent authority will do needful to proceed with the further proceeding pursuant to the said showcause notice in accordance with law and shall decide the same as expeditiously as possible by giving proper opportunity to the parties and shall decide the same in accordance with law. It is needless to say that till today the respondent-authority has not taken any coercive action against the present petitioner neither any adverse order is passed against the present petitioner. It is expected that respondent-authority will follow the necessary procedure before same as taking any action against the petitioner. Page 4 of 5 Uploaded by SYED SHAHANAZ(HC02353) on Tue Oct 14 2025 Downloaded on : Tue Oct 14 23:30:09 IST 2025
NEUTRAL CITATION C/SCA/8109/2020 ORDER DATED: 09/10/2025 undefined
5. With above direction, the petition is disposed of at this stage by keeping open contentions of the respective parties. Notice is discharged.
(SANDEEP N. BHATT,J) SYED SHAHANAZ Page 5 of 5 Uploaded by SYED SHAHANAZ(HC02353) on Tue Oct 14 2025 Downloaded on : Tue Oct 14 23:30:09 IST 2025