Gujarat High Court
District Development Officer vs Pravindan Shivdan Gadhvi on 6 July, 2022
Bench: A.J.Desai
C/LPA/874/2022 ORDER DATED: 06/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 874 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 11399 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 874 of 2022
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DISTRICT DEVELOPMENT OFFICER
Versus
PRAVINDAN SHIVDAN GADHVI
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Appearance:
MS SEJAL K MANDAVIA(436) for the Appellant(s) No. 1,2
MR MEHUL SHARAD SHAH(773) 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 : 06/07/2022
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 District Panchayat and another have challenged the judgment
dated 17.03.2022 passed by the learned Single Judge in Special Civil
Application No.11399 of 2020 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 advocate Ms.
Sejal Mandavia 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,
she would submit that no stay has been granted by the Hon'ble Supreme
Court against the implementation, execution and operation of the
judgment dated 24.07.2020 passed in Letters Patent Appeal No.1596 of
2019. Learned advocate for the appellants has therefore requested to
C/LPA/874/2022 ORDER DATED: 06/07/2022
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.Mehul Shah 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
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 17.03.2022 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
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
C/LPA/874/2022 ORDER DATED: 06/07/2022
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 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.
C/LPA/874/2022 ORDER DATED: 06/07/2022
[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)
DIPTI PATEL
