Dabhoi Municipality vs Pravinbhai U Joshi
2024 Latest Caselaw 1038 Guj

Citation : 2024 Latest Caselaw 1038 Guj
Judgement Date : 7 February, 2024

Gujarat High Court

Dabhoi Municipality vs Pravinbhai U Joshi on 7 February, 2024

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                      NEUTRAL CITATION




     C/LPA/1379/2019                                   ORDER DATED: 07/02/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/LETTERS PATENT APPEAL NO.           1379 of 2019

      In R/SPECIAL CIVIL APPLICATION NO. 19591 of 2006

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                          DABHOI MUNICIPALITY
                                 Versus
                           PRAVINBHAI U JOSHI
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Appearance:
VIRAL K SHAH(5210) for the Appellant(s) No. 1,2
SANJAY UDHWANI, AGP for the Respondent(s) No. 2,3
MAULIK NANAVATI for NANAVATI & CO.(7105) for the
Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE PRANAV TRIVEDI

                           Date : 07/02/2024

                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

The challenge in the present Letters Patent Appeal is in respect of judgment and order dated 14.12.2018 passed by learned Single Judge, whereby inter alia, learned Single Judge set aside the impugned orders dated 20.01.2005 and 26.04.2006.

2. A consequential direction was issued to the respondent authorities to re-examine the question of quantum of penalty imposed on the petitioner and to pass fresh order about any penalty except the removal.

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2.1 The said operative portion precisely reads as under,

"9. Accordingly, impugned order dated 20.01.2005 as well as dated 26.04.2006 are hereby quashed and set aside with a consequential direction upon respondent authorities to reexamine the issue of quantum of penalty with respect to petitioner and shall pass a reasoned order for any other penalty except removal to be passed against the petitioner."

3. The limited grievance is raised in this Letters Patent Appeal in respect of the said part of direction which observes and provides that order shall be passed 'for any other penalty except removal' against the petitioner.

4. In this regard, it was submitted that although learned Single Judge has remanded the case to the authority to decide on the quantum of penalty, when learned Single Judge observes that penalty except removal shall be imposed, it nullified the discretion of the competent authority, who will be dealing with the issue of quantum of penalty on remand on merits.

5. The submission could be countenanced as the fresh exercise is directed to be done to re-examine the issue of quantum of penalty, ant at the same time it is observed that the penalty except

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particular penalty shall be passed. It thus amounts to expression of opinion by learned Single Judge, which becomes mandate for the disciplinary authority to act accordingly, which in turn curtails the area to consider the merits while re- deciding on the aspect of penalty.

6. When confronted with the aforesaid, which is an infirmity in itself in the directions issued by learned Single Judge, learned advocate Mr. Maulik Nanavati submitted that even if the Court were to clarify, it may be observed that the authority may consider the question of quantum of penalty in light of observations made in the judgments referred to by learned Single Judge.

7. Learned Assistant Government Pleader Mr. Sanjay Udhwani joins learned advocate for respondents no.2 and 3 and also could not counter submission made by the learned advocate for the appellant.

8. In the aforesaid view, the group of words " for any other penalty except removal to be passed"

from paragraph 9 of the judgment is deleted. The impugned judgment and order of learned Single Judge is modified to the said extent.

8.1 It is observed that while re-examining the issue of quantum of penalty to be imposed on the

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petitioner, the competent authority shall take into consideration the law laid down and the observations made in the judicial pronouncements dealing with the proportionality and quantum of penalty including those referred to by learned Single Judge. Rest part of the judgment and the other directions are sustained.