Gujarat High Court
Makawana Umeshkumar Arvindbhai vs State Of Gujarat on 2 March, 2022
Bench: Biren Vaishnav
C/SCA/14273/2019 JUDGMENT DATED: 02/03/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14273 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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1 Whether Reporters of Local Papers may be allowed to see the
judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the
judgment ?
4 Whether this case involves a substantial question of law as to the
interpretation of the Constitution of India or any order made
thereunder ?
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MAKAWANA UMESHKUMAR ARVINDBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR MAHESH P PATEL(3381) for the Petitioner(s) No. 1
MR N P CHAUDHARY(3980) for the Petitioner(s) No. 1
MS SURBHI BHATI, AGP for the Respondent(s) No. 1
MR RAJESH CHAUHAN, ADVOCATE for MR HS MUNSHAW(495) for the
Respondent(s) No. 2
NOTICE NOT RECD BACK for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 02/03/2022
ORAL JUDGMENT
1. Rule returnable forthwith. Ms. Surbhi Bhati, learned
Assistant Government Pleader waives service of
notice of Rule for respondent No.1 - State as well as
Mr. Rajesh Chauhan, learned advocate waives
service of notice of Rule for the respondent No.2 -
C/SCA/14273/2019 JUDGMENT DATED: 02/03/2022
the Chief District Health Officer, Patan District
Panchayat, Patan.
2. With the consent of the learned advocates for the
respective parties, the petition is taken up for final
hearing today.
3. Heard Mr. Chaudhary, learned advocate for the
petitioner, Ms. Bhati, learned Assistant Government
Pleader for the respondent - State as well as Mr.
Chauhan, learned advocate on behalf of Mr.
Munshaw, learned counsel for the respondent No.2.
Perused the record.
4. The prayer in this petition is to quash and set aside
the order dated 3.8.2019 passed by the respondents,
by which, the services of the petitioner were
terminated on the ground that the certificate that
the petitioner had obtained was from Vinayaka
Missions University, Tamil Nadu.
5. Mr. Chaudhary, learned counsel for the petitioner
C/SCA/14273/2019 JUDGMENT DATED: 02/03/2022
would draw the attention of this Court of a decision
dated 9.2.2022 passed by this Court in Special Civil
Application No.14270 of 2019 wherein also, the
reference of the decision of 27.8.2021 passed in SCA
No.9062/2019 wherein the petitioner had also
passed his Diploma of Health and Sanitary Inspector
Course from the Vinayaka Missions University. He
further requested this Court to pass a similar order
in this matter too.
6. For the sake of convenience, the order dated
9.2.2022 passed in Special Civil Application
No.14270 of 2019 reads as under:
"[1]. Heard Mr. N. P. Chaudhary, learned counsel
for the petitioner and Mr. Kurven Desai, learned
Assistant Government Pleader for the respondent -
State and Mr. H.S. Munshaw, learned advocate for
the respondent No.2.
[2]. With the consent of the learned counsels for
the respective parties, the petition is taken up for
final hearing today.
[3]. The Challenge in this petition is to the order
C/SCA/14273/2019 JUDGMENT DATED: 02/03/2022
of termination dated 03.08.2019 passed by the
respondent No.2 - The Chief District Health Officer,
Patan District Panchayat, District Patan.
[4]. Mr. Chaudhary, learned counsel for the
petitioner would rely on the orders passed in similar
matter by this Court namely; Special Civil Application
No.13153 of 2019 dated 1.2.2022. He further
requested to pass the similar order in this order. The
order dated 1.2.2022 reads as under:
"1. With the consent of the learned advocates for
the respective parties, the application as well as
the main matter is taken up for hearing today.
2. The petitioners in the present petition have
challenged the order dated 24.07.2019 passed by
the respondent no.2.
3. Learned advocate for the petitioners rely on
the order dated 27.08.2021 passed by this court in
SCA No. 9062 of 2019. It is submitted that the said
decision has been relied upon by this court in SCA
No.19918 of 2018 and allied matters and this court
vide order dated 25.01.2022 has observed as
under:
"3. Mr. Mishra relies on a decision dated
27.8.2021 passed by this Court in SCA No.9062
of 2019 wherein termination orders of identical
nature passed against the co-employees of
C/SCA/14273/2019 JUDGMENT DATED: 02/03/2022
various Panchayats have been set aside.
Relevant Paragraph Nos.25 and 26 of decision
dated 27.8.2021 passed in Special Civil
Application No.9062 of 2019 are reproduced
hereunder:
"25. From the above submissions and facts
on record, it is clear that the petitioners have
not been given any opportunity of hearing by
the respondent authority before termination
of the services of the petitioners as evidently,
no show-cause notice is issued to the
petitioners and only by conducting unilateral
inquiry behind the back of the petitioners,
conclusion is arrived at to dismiss the
petitioners from service.
26. In view of the such facts, the impugned
order of termination cannot be sustained as
the same is passed in violation of the flagrant
breach of principles of natural justice. Only
on this ground, the petitions deserve to be
allowed and are accordingly allowed. The
respondent-authorities are directed to
reinstate the petitioners forthwith with full
back-wages and continuity of service."
4. Order dated 27.8.2021, as pointed out by Mr.
Manish Patel, learned counsel for the respondent -
Panchayat is under challenge before the Division
Bench in Letters Patent Appeal Nos.54 and 55 of
C/SCA/14273/2019 JUDGMENT DATED: 02/03/2022
2022. Subject to the orders that may be passed in
the Appeal, all these petitions are disposed of in
terms of the order passed by the coordinate Bench
of this Court in SCA No.9062 of 2019 dated
27.8.2021. Notice discharged. No costs."
5. In view of the above, the present petition
shall also be governed by the order dated
27.08.2021 passed in Special Civil Application
No.9062 of 2019 and is disposed of in the same
terms subject to the order that may be passed in
the appeal. Notice is discharged. No costs. Civil
Application is disposed of in view of the order in
the main petition."
7. In view of the above, the present petition shall also
be governed by the order dated 27.08.2021 passed
in Special Civil Application No.9062 of 2019 and
allied matters. Accordingly, the petition is allowed
on the same terms subject to the order that may be
passed in the appeal.
8. Rule is made absolute to that extent. Direct Service
is permitted. No costs.
[ BIREN VAISHNAV, J. ]
VATSAL S. KOTECHA
