Gujarat High Court
Chief District Health Officer vs Krunalkumar Kanubhai Machhi on 1 January, 2024
Author: N.V.Anjaria
Bench: N.V.Anjaria
NEUTRAL CITATION
C/LPA/1484/2023 ORDER DATED: 01/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1484 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 10670 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 1484 of 2023
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CHIEF DISTRICT HEALTH OFFICER
Versus
KRUNALKUMAR KANUBHAI MACHHI
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Appearance:
MR AJ YAGNIK(1372) for the Appellant(s) No. 1
for the Respondent(s) No. 1,2,3,4,5,6,7,9
MR RONAK RAVAL, AGP for the Respondent(s) No. 8
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 01/01/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned advocate Mr.Anand Yagnik for the appellant
and learned Assistant Government Pleader Mr.Ronak Raval for
the respondent.
2. Learned single Judge delivered common judgment and
order dated 27.8.2021 in group of the Special Civil Applications
which included Special Civil Application No.10670 of 2019. The
directions which were given by learned single Judge while
allowing the petitions read as under.
"From the above submissions and facts on record, it is
clear that the petitioners have not been given any
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C/LPA/1484/2023 ORDER DATED: 01/01/2024
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opportunity of hearing by the respondent authority
before termination of the services of the petitioners as
evidently, no show-cause notices is issued to the
petitioners and only by conducting unilateral inquiry
behind the back of the petitioners, conclusion if arrived
at to dismiss the petitioners from service.
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
deserves 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."
3. After the disposal of the petition as above by learned single
Judge, it was undisputedly stated by learned advocates for the
parties that one of the respondent- respondent No.9, who was
Chief District Health Officer, Chhota Udepur preferred Letters
Patent Appeal No.179 of 2022 against the very judgment and
order. The said Letters Patent Appeal culminated into order of
Letters Patent Bench dated 8.7.2022.
3.1 Therein the Division Bench issued the following directions
extracting the operating order.
"(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.
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C/LPA/1484/2023 ORDER DATED: 01/01/2024
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(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 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 co-operation to the District
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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."
4. In course of the hearing, learned advocate for the
appellant stated that the appellant has complied with the
aforesaid directions by issuing show-cause notice and initiating
the inquiry against the respondent herein.
5. In the aforesaid view, no further order is necessary. The
Letters Patent Appeal is disposed of. The appellant shall act in
accordance with law and as per the directions given in Letters
Patent Appeal No.179 of 2022.
In view of disposal of the Appeal, the Civil Application will
not survive. Accordingly, it is disposed of.
(N.V.ANJARIA, J)
(CHEEKATI MANAVENDRANATH ROY, J)
Manshi
