Gujarat High Court Case Information System
Print
LPA/72/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 72 of 2010
In
SPECIAL
CIVIL APPLICATION No. 11280 of 2009
With
CIVIL
APPLICATION No. 208 of 2010
In
LETTERS
PATENT APPEAL No. 72 of 2010
=========================================
SWATI
MOHANBHAI PATEL
Versus
AHMEDABAD
MUNICIPAL CORPORATION
=========================================Appearance
:
MR SHALIN N
MEHTA for
the Appellant
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 15/01/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
the learned counsel for the appellant.
The
appellant was on probation with the respondent Municipal Corporation.
The services of the appellant were dispensed with as the same have
not been found to be satisfactory.
The
case of the appellant was that prior to termination of her services,
being unsatisfactory, a show cause notice was issued to her and she
replied. Her reply was not accepted. However, her probation period
was extended during that period. The case of the appellant is that
the foundation of the order is non-acceptance of her explanation.
We
have been taken through the order of dispensing with the services of
the appellant which speaks of unsatisfactory services.
The
learned Single Judge has found that the order of dispensing with the
services of the appellant is not stigmatic and in our view rightly
so because the order is plain and simple. The appellant was on
probation and it cannot be said that the foundation of the order was
her explanation, which has not been accepted. That may be the object
but not foundation. In that view of the matter, we are not
inclined to interfere with the order of the learned Single Judge.
The
appeal has no force and the same is dismissed.
In
view of the dismissal of the appeal, Civil Application does not
survive and is disposed of accordingly.
(BHAGWATI
PRASAD, J.)
(BANKIM
N. MEHTA, J.)
omkar
Top