State Of Gujarat vs Jaydeepsinh Kirtibhadrasinh ...
2022 Latest Caselaw 5892 Guj

        C/LPA/271/2022                               ORDER DATED: 04/07/2022



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/LETTERS PATENT APPEAL NO. 271 of 2022
          In R/SPECIAL CIVIL APPLICATION NO. 6062 of 2019
                                 With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
             In R/LETTERS PATENT APPEAL NO. 271 of 2022
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                          STATE OF GUJARAT
                                Versus
                 JAYDEEPSINH KIRTIBHADRASINH JADEJA
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Appearance:
MR TIRTHRAJ PANDYA, ASSTT. GOVERNMENT PLEADER for the
Appellant(s) No. 1,2,3
MR. JIT P PATEL(6994) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
           and
           HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                                 Date : 04/07/2022

                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

[1.0] By way of the present appeal under Clause 15 of the Letters Patent, the State Authorities have challenged the judgment dated 02.09.2021 passed by the learned Single Judge in Special Civil Application No.6062 of 2019 whereby the learned Single Judge has allowed the said petition and directed the appellants herein to reinstate the respondent herein.

[2.0] Today, when the matter is called out, learned AGP appearing on behalf of the appellants would submit that the judgment dated 24.07.2020 passed by the Division Bench in Letters Patent Appeal No.1596 of 2019 is challenged before the Hon'ble Supreme Court and the matter is pending for hearing. However, on query, he would submit that no stay has been granted by the Hon'ble Supreme Court against the

C/LPA/271/2022 ORDER DATED: 04/07/2022

implementation, execution and operation of the judgment dated 24.07.2020 passed in Letters Patent Appeal No.1596 of 2019. Learned AGP has therefore requested to admit the present appeal and keep it pending till the Special Leave Petition preferred against the judgment dated 24.07.2020 in Letters Patent Appeal No.1596 of 2019 is decided by the Hon'ble Supreme Court.

[3.0] Learned Advocate Mr. Jit Patel appearing for the respondent has drawn our attention to the decision dated 20.02.2018 rendered by the coordinate Bench in Letters Patent Appeal No.189 of 2018 in Special Civil Application No.8339 of 2016, whereby the coordinate Bench was pleased to dismiss the said Letters Patent Appeal filed by the appellant herein and confirm the order of reinstatement of the petitioner - employee. He, therefore, would submit that the present appeal be dismissed by making appropriate observations.

[4.0] We have heard learned Counsel appearing for the respective parties. Perused the impugned judgment dated 02.09.2021 as also the judgment dated 24.07.2020 passed in Letters Patent Appeal No.1596 of 2019.

[4.1] The coordinate Bench of this Court in its judgment dated 24.07.2020 passed in Letters Patent Appeal No.1596 of 2019 has observed as follows in paragraphs 8 and 9.

"8. The bone of contention of appellants - State authorities is that since the original petitioners are employed on a contract basis and fixed pay, the Department is not under an obligation to conduct a detailed full-scale departmental inquiry. Now, this contention has been the subject matter of

C/LPA/271/2022 ORDER DATED: 04/07/2022

scrutiny on earlier occasion before a Coordinate Bench in Letters Patent Appeal No.189 of 2018 between Vadodara Municipal Corporation v. Manishbhai Nayanbhai Modh, decided on 20.2.2018. The relevant observations contained in the said decision are reflecting in Para.4.1 which are also based upon the decision of the Apex Court and in consonance with the provision of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971. The said observations have also been considered at length by the learned Single Judge which are reflecting in Para. 5.7 of the impugned order.

9. Yet in another decision again by the Division Bench of this Court rendered in Letters Patent Appeal No.841 of 2019 between Rahul Aydanbhai Vak v. State of Gujarat, decided on 15.4.2019, in which the same issue has been considered. The relevant discussion of the Division Bench in the said case is contained in Para Nos.7, 8 & 9, in which in no uncertain terms, almost in similar set of circumstance, the Division Bench has clearly opined that full-scale departmental inquiry will have to be undertaken, if initiation of action on the basis of unsatisfactory work, gross negligence or indiscipline or any act which may tantamount to be stigmatic and as such, consistently this view has been clearly opined by the Division Bench."

[4.2] We are of the opinion that in absence of any stay against implementation, execution and operation of the judgment dated 24.07.2020 passed by the coordinate Bench in Letters Patent Appeal No.1596 of 2019 by the Hon'ble Supreme Court, pendency of Special Leave Petition challenging the judgment dated 24.07.2020 passed in Letters Patent Appeal No.1596 of 2019 itself would not be a ground to admit the

C/LPA/271/2022 ORDER DATED: 04/07/2022

present Letters Patent Appeal, which involves an issue which has already been decided by the coordinate Bench in Letters Patent Appeal No.1596 of 2019.

[5.0] In view of the above discussion, we dismiss the present Letters Patent Appeal accordingly.

In view of dismissal of Letters Patent Appeal, no order in Civil Application for stay and same is disposed of accordingly.

(A.J. DESAI, J.)

(MAUNA M. BHATT, J.)

Ajay