Gujarat High Court
Chief District Health Officer vs Laljibhai Vasrambhai Hiyad on 16 February, 2023
Bench: Niral R. Mehta
C/LPA/173/2023 ORDER DATED: 16/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 173 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 20555 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 173 of 2023
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CHIEF DISTRICT HEALTH OFFICER
Versus
LALJIBHAI VASRAMBHAI HIYAD
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
for the Respondent(s) No. 3
MS SHRUTI DHRUVE, AGP for the Respondent(s) No. 2
MR VAIBHAV A VYAS(2896) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 16/02/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
In the original Special Civil Applications decided by
learned Single Judge as per impugned judgment, grievance of
the petitioners, who are Multi-Purpose Health Worker, was in
respect of their termination of services on the ground that
their qualifications were doubted and not acceptable.
2. It appears that while allowing the Special Civil
Applications, learned Single Judge relied on the directions
issued in the similar situation for the similarly situated
persons in Letters Patent Appeal No.1411 of 2018. The
directions given by Letters Patent Bench in the said Letters
Patent Appeal came to be reproduced by learned Single Judge
in para-2.1 of the judgment.
2.1 Those directions are as under.
C/LPA/173/2023 ORDER DATED: 16/02/2023
"(i) Letters Patent Appeals and Special Civil
Applications stand disposed of.
(ii) As far as Special Civil Application Nos.7118 of
2020, 7364 of 2020, 10471 of 2019, 17283 of 2018
and 20729 of 2018 are concerned, they are hereby
allowed and notice of termination issued to writ
applicants is ordered to be treated as show cause
notice and reply be submitted by the writ applicants
and thereafter, same be adjudicated by respective
Panchayats in accordance with law.
(iii) Orders passed by the learned Single Judge in
setting aside the order of termination are sustained.
However, order directing payment of back wages
from the date of termination stands modified by
directing payment of wages from the date of order of
the learned Single and said compliance shall be made
within an outer limit of three months from today.
(iv) Respective District Panchayats would be at
liberty to initiate fresh proceedings, if deemed fit and
if so advised, and pass orders after treating the order
of termination as show cause notice and on
consideration of the reply, pass orders in accordance
with law as observed hereinabove.
(v) We make it clear that we have not expressed any
opinion with regard to correctness, authenticity and
validity of Diploma Certificates which came to be
produced by the respective writ applicants at the
time of their employment and it is open for the
respective District Panchayats to pass orders after
considering the reply, if any, that would be submitted
by the writ applicants.
(vi) It is also made clear that where no show cause
notice has been issued, respective District
Panchayats shall issue show cause notice and after
considering the reply, if any, submitted by the writ
applicants within the period stipulated under show
cause, are empowered to pass orders on merits and
in accordance with law. However, in respect of those
C/LPA/173/2023 ORDER DATED: 16/02/2023
writ applicants to whom show cause notices have
been issued but termination order is based on the
internal inquiry report, copy of such report shall be
furnished to them to enable them to have their say on
the said issue.
(vii) Respective writ applicants, who have not yet
been reinstated, pursuant to order of the learned
Single Judge, shall be reinstated by respective
District Panchayats within an outer limit of one
month from the date of receipt of copy of this order.
(viii) It is also made clear that writ applicants on
being served with show cause notice or report, as the
case may be, shall extend full cooperation to the
District Panchayats in concluding the inquiry and it is
needless to state that in the event of any such writ
applicants failing to co-operate in the inquiry,
appropriate authority would be at liberty to proceed
to adjudicate the same in accordance with law.
(ix) Costs made easy.
(x) Pending applications, if any, stand consigned to
records."
3. Finally, following operative order was passed by
learned Single Judge in the instant case.
"3. In view of the aforesaid and as the facts
are not much in dispute insofar as it pertains to
following of principles of natural justice, following
order is passed:-
I. The petitions are allowed.
II. The respondents are directed to act in
conformity with the operative order of the
Division Bench of this Court in a batch of
Letters Patent Appeals being Letters Patent
Appeal No.1411 of 2018 and allied matters
dated 08.07.2022 and particular paragraphs
C/LPA/173/2023 ORDER DATED: 16/02/2023
of such order which are applicable to the
case of the respective petitioners."
4. When the present Appeal come up for
consideration, learned advocate Mr.Hemant Munshaw for the
appellant stated that the appellant - District Health Officer
has already acted in accordance with the said directions of the
Division Bench in Letters Patent Appeal No.1411 of 2018 and
allied maters decided on 08th July, 2022.
5. In other words, no further adjudication survives in
the present Appeal in as much as the authorities have been
taking further steps and consequential actions as per the
directions of the Court as reproduced in para-2.1 above. This
Letters Patent Appeal is disposed of accordingly.
Civil Application will not survive in view of order
passed in the Letters Patent Appeal.
(N.V.ANJARIA, J)
(NIRAL R. MEHTA,J)
ANUP
