Gujarat High Court
State Of Gujarat vs Natvarlal Amarshibhai Devani on 27 January, 2022
Bench: Niral R. Mehta
C/LPA/113/2022 ORDER DATED: 27/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 113 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 3747 of 2016
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/LETTERS PATENT APPEAL NO. 113 of 2022
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STATE OF GUJARAT
Versus
NATVARLAL AMARSHIBHAI DEVANI
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Appearance:
MR TIRTHRAJ PANDYA, AGP for the Appellants
MR RV DESHMUKH(300) for the Respondent(s) No. 1
NOTICE UNSERVED(8) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 27/01/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)
1. Feeling aggrieved and dissatisfied by the judgment and
order dated 21.1.2019 passed by the learned Single Judge in
Special Civil Application No.3747 of 2016, the State has
preferred this Appeal.
2. The respondent - original petitioner was working as
Superintendent in Prohibition and Excise Class-II from
31.1.2014.
3. By way of writ petition, the respondent - original
petitioner challenged the order dated 1.2.2016, whereby the
respondent - original petitioner came to be reverted in the
C/LPA/113/2022 ORDER DATED: 27/01/2022
cadre of Prohibition and Excise Inspector Class-III and
consequential to the said order dated 1.2.2016, the
respondent - original petitioner was posted at Surendranagar.
Both these orders are subject matter of challenge before the
learned Single Judge.
4. The respondent - original petitioner also challenged the
order passed by the respondent - Gujarat Public Service
Commission, whereby the approval came to be withdrawn. It
is also a matter of fact that another inquiry on-going against
the respondent - original petitioner which has been permitted
by the learned Single Judge to go on. However, we are
informed by the learned counsel appearing for the parties that
the said inquiry is subject matter of a separate writ petition.
Now, the only and the main question which arises in this
appeal is whether before passing the order of reversion, bare
minimum principles of natural justice have been followed or
not.
5. The learned Single Judge has not only examined such
aspect, but has also relied upon the binding decisions of the
Apex Court in the case of (i) State of Maharashtra v. Veerapa
R. Saboji, reported in 1979 Law Suit (SC) 972 (ii) Mohd. Rahid
Ahmad etc., v. The State of U.P. & Anr., reported in AIR 1979
SC 592 and (iii) S.L.Kapoor v. Jagmohan & Ors., reported in
AIR 1981 SC 136.
6. Mr.Tirthraj Pandya, learned AGP appearing for the
appellants, could not dislodge the lacuna in the proceedings
i.e. the breach of principles of natural justice is quite evident.
C/LPA/113/2022 ORDER DATED: 27/01/2022
7. In light of the aforesaid, the conclusion arrived at by the
learned Single Judge is legal and proper and no interference
is called for. We, however, reiterate that this order shall not
affect the pending proceedings including the writ petition
which is pending before this Court challenging the inquiry
which is initiated against the respondent - original petitioner.
8. With aforesaid, the present Appeal is disposed of. Notice
is discharged.
9. Consequently, the connected Civil Application, if any,
would not survive and the same stands disposed of.
(R.M.CHHAYA,J)
(NIRAL R. MEHTA,J)
V.J. SATWARA
