Dipti Babubhai Rupareliya vs District Development Officer
2024 Latest Caselaw 919 Guj

Gujarat High Court

Dipti Babubhai Rupareliya vs District Development Officer on 2 February, 2024

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                   NEUTRAL CITATION




       C/MCA/1176/2023                              ORDER DATED: 02/02/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 1176 of 2023

                In R/LETTERS PATENT APPEAL NO. 793 of 2023

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                           DIPTI BABUBHAI RUPARELIYA
                                     Versus
                         DISTRICT DEVELOPMENT OFFICER
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Appearance:
MS MAMTA R VYAS(994) for the Applicant(s) No. 1
MR. SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER/PP for the
Opponent(s) No. 2
MR HS MUNSHAW(495) for the Opponent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE J. C. DOSHI

                                Date : 02/02/2024

                        ORAL ORDER

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

Heard learned advocate Ms. Mamta Vyas for the review applicant, learned Assistant Government Pleader Mr. Sanjay Udhwani for the respondent No.2-State and learned advocate Mr. H. S. Munshaw for respondent No.1.

2. What is prayed is to recall order dated 27.6.2023 passed in Letters Patent Appeal No.793 of 2023, thereby this court dismissed the Letters Patent Appeal and confirmed judgment and order of learned single Judge.

3. The point involved was that services of the petitioner was terminated by passing stigmatic order without being preceded by regular departmental inquiry.

NEUTRAL CITATION

C/MCA/1176/2023 ORDER DATED: 02/02/2024

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3.1 In view of decision in State of Gujarat vs. Chetan Jayantilal Rajgor being Letters Patent Appeal No. 1596 of 2019, judgment and order of learned single judge was upheld and Letters Patent Appeal was dismissed.

3.2 The following was observed in para 5.2 dismissing the Letters Patent Appeal,

"In the aforesaid view, it is provided that reinstatement of the petitioner shall be for the remainder period only to make-up total five years as per the original term of appointment."

4. Learned advocate for the review applicant submitted that the original term of appointment was not five years. She invited attention of the court to order dated 10.4.2017 to dispute the proposition that the appointment of the original petitioner was for five years. The said is no ground to review the order. It does not amount to an error apparent on the face of record.

4.1 However, it goes without saying that service conditions of the petitioner shall stand governed by all conditions mentioned in the letter of appointment taken together.

5. The Review Application is dismissed.

(N.V.ANJARIA, J)

(J. C. DOSHI,J) C.M. JOSHI