Gujarat High Court
Raghubhai Odhabhai Shiyal vs State Of Gujarat Through Additional ... on 9 October, 2025
NEUTRAL CITATION
C/SCA/8109/2020 ORDER DATED: 09/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8109 of 2020
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RAGHUBHAI ODHABHAI SHIYAL
Versus
STATE OF GUJARAT THROUGH ADDITIONAL CHIEF SECRETARY &
ORS.
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Appearance:
MR SAURABH J MEHTA(2170) for the Petitioner(s) No. 1
MR. NISARG N JAIN(8807) for the Respondent(s) No. 4,5
NOTICE SERVED for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 09/10/2025
ORAL ORDER
1. The present petition is filed for the following
prayers.
"7(a) Your Lordships may be pleased to
issue a writ of Writ of Mandamus or any
other appropriate writ or direction in
nature of Mandamus restraining the
Respondents, their servants, agents and
subordinates not to pass any order of
dismissal/termination from services against
the petitioners in pursuance to the show
cause notice dated 9/18/3/2020 at Annexure
A to this petition, without following due
procedure of law, without holding
departmental inquiry and further be
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C/SCA/8109/2020 ORDER DATED: 09/10/2025
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pleased to continue the present Petitioner
in the services without any hindrances,
and further be pleased to restrain the
Respondents not to change any service
conditions of the Petitioner, detrimental to
his service career;
(b) Pending the hearing and final disposal
of the present petition, Your Lordships
may be pleased to direct the Respondents,
their servants, agents and subordinates not
to terminate / dismiss the Petitioner from
services and permit/allow the present
petitioner to discharge his duties on his
post as MPHW;
(c) Any other and further relief's as this
Hon'ble Court may deem fit and proper in
the circumstances of the case."
2. Heard learned advocate Mr. Nandish Shah for Mr.
Saurabh Mehta for the petitioner, Mr. Henil Shah for the
Respondents No.1-3. and Mr. Nisarg Jain for the Respondent
No.4 and 5, It is submitted by learned advocate for the
petitioner that in similar set of facts, the Coordinate Bench
has passed order in SCA No.900 of 2021 dated 14.10.2024. A
copy of that order is also given to the Court for perusal and
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C/SCA/8109/2020 ORDER DATED: 09/10/2025
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has submitted that in view of this, appropriate order may be
passed.
3. He further submitted that, as such directions given
in the Para 9 of that order will suffice and serve the
purpose of the petitioner. He has further submitted by
referring to the order dated 09.03.2020, whereby while issuing
notice, the Court has clarified that if the respondents propose
to take any action, the same shall be in see and check and,
therefore, he has submitted that till today, no action has
taken against the respondent. Learned advocate Mr. Jain for
the Respondent Nos.4 and 5 has submitted that the judgment
passed in SCA No.900 of 2021 is on the different set of facts
whereby the service of the petitioner was terminated and
therefore the appropriate direction was granted. In the
present case, the petitioner has rushed to this Court a the
stage of the showcause notice even without replying to the
showcause notice, by giving the preliminary reply and
thereafter the present petition is filed. Therefore, he has
submitted that the present petition can be considered as
premature. He also confirmed that till today no action is
taken. The matter is pending since 2020 without any action
being taken. Learned AGP has also submitted that the
present petition should be considered as a premature petition
as looking to the prayer and stage of the petition essentially
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C/SCA/8109/2020 ORDER DATED: 09/10/2025
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the challenge is against the showcause notice issued by the
respondent authority.
4. Considering the submission and considering the
fact that the petitioner has filed the petition at the stage of
issuance of showcause notice by giving preliminary reply,
petitioner has rushed to this Court by filing present petition
and the Court issued notice to the respondent. Though there
is no interim relief granted in the favour of the petitioner, it
is stated at the bar that till today no adverse action is
taken against the petitioner. Considering the same, let the
petitioner participate in the proceeding before the authority
pursuant to the showcause notice issued by the respondent
authority and the respondent authority will do needful to
proceed with the further proceeding pursuant to the said
showcause notice in accordance with law and shall decide the
same as expeditiously as possible by giving proper
opportunity to the parties and shall decide the same in
accordance with law. It is needless to say that till today the
respondent-authority has not taken any coercive action
against the present petitioner neither any adverse order is
passed against the present petitioner. It is expected that
respondent-authority will follow the necessary procedure before
same as taking any action against the petitioner.
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C/SCA/8109/2020 ORDER DATED: 09/10/2025
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5. With above direction, the petition is disposed of at
this stage by keeping open contentions of the respective
parties. Notice is discharged.
(SANDEEP N. BHATT,J)
SYED SHAHANAZ
