District Primary Education ... vs Patel Shailesh Bhikhabhai
2022 Latest Caselaw 7832 Guj

     C/LPA/491/2022                               ORDER DATED: 12/09/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/LETTERS PATENT APPEAL NO. 491 of 2022
        In R/SPECIAL CIVIL APPLICATION NO. 5086 of 2005
                               With
     CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2022
           In R/LETTERS PATENT APPEAL NO. 491 of 2022
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               DISTRICT PRIMARY EDUCATION OFFICER
                              Versus
                    PATEL SHAILESH BHIKHABHAI
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
for the Respondent(s) No. 2,3,4,5
MR TIRTHRAJ PANDYA, ASSTT. ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP for the Respondent(s) No. 6
MR SHRIJIT G PILLAI(7937) 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 : 12/09/2022
                        ORAL ORDER

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

ORDER IN LPA Having heard learned advocate Mr. H.S. Munshaw appearing for the appellant, learned advocate Mr. Shrijit Pillai appearing for the respondent No.1 and learned AGP appearing for the respondent No.6, present Letters Patent Appeal is admitted.

ORDER IN CIVIL APPLICATION FOR STAY RULE. Learned advocate Mr. Shrijit Pillai waives service of notice of Rule on behalf of respondent No.1 and learned AGP waives service of notice of Rule on behalf of respondent No.6.

Having heard learned advocates appearing for the respective parties and considering the affidavit in reply filed by the present applicant before the learned Single Judge as also the necessary

C/LPA/491/2022 ORDER DATED: 12/09/2022

documents which were produced alongwith communication dated 21.07.2004 as also considering the directions issued by the learned Single Judge in paragraph 16 of the impugned judgment passed in Special Civil Application No.5086 of 2005, we dispose of the present civil application by passing the following order.

1. There would be stay against the reinstatement of the respondent No.1.

2. The applicant is directed to hold necessary departmental inquiry against respondent No.1 and pass appropriate order after verifying the correctness of the communication dated 24.12.2004 produced at the instance of the respondent No.1 herein - original petitioner and decision arrived at in the departmental inquiry shall be placed before this Court in Letters Patent Appeal No.491 of 2022.

3. The departmental inquiry shall be concluded as early as possible preferably within a period of 12 weeks from the date of receipt of the present order.

4. It would be open for either of the parties to make an application for circulation of the Letters Patent Appeal No.491 of 2022.

With above order, present civil application is disposed of. Rule accordingly.

(A.J. DESAI, J.)

(MAUNA M. BHATT,J) Ajay