LPA/547/2008 2/ 4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 547 of 2008 In SPECIAL CIVIL APPLICATION No. 7145 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PANKAJGIRI JHAVERGIRI METHNATHI - Appellant(s) Versus CHIEF OFFICER KESHOD NAGARPALIKA & 1 - Respondent(s) ========================================================= Appearance : MR KISHOR M PAUL for Appellant(s) : 1, MR HRIDAY BUCH for Respondent(s) : 1, None for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL and HONOURABLE MR.JUSTICE AKIL KURESHI Date : 19/06/2008 ORAL JUDGMENT
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
Admit.
Mr.
Buch, learned Counsel waives service of notice. With the consent of
learned advocates appearing for both the sides, the appeal is
finally heard.
The
present appeal is preferred against the order dated 8.5.2008 passed
by the learned Single Judge of this Court in Special Civil
Application No. 7145/2008 whereby the Learned Single Judge declined
to interfere in the proceedings of inquiry including that of
suspension.
This
Court had on 14.5.2008 passed the following order in Civil
Application No.6069/2008:
ýSNotice
to the opponents returnable on 16th June, 2008.
Pending
the Appeal, there shall be ad-interim stay of the further
implementation and operation of the order of suspension dated 28th
April, 2008 on condition that the applicant will, within 15 days from
today, give an undertaking to this Court to the effect that
henceforth the applicant will perform his duties regularly and
diligently. Copy of the undertaking will be given to the opponent
no.1 Chief Officer, Keshod Nagarpalika.
Registry
will send the writ forthwith.ýý
In
the present Letters Patent Appeal, following order was passed :
ýSNotice
to the respondents returnable on 16th June, 2008.
The
appellant will, on or before the returnable date deposit a sum of Rs.
1,500=00 by way of cost of this Appeal in the registry of this Court.
The appellant will scrupulously attend to the disciplinary
proceedings initiated against him.
The
Registry will issue the writ forthwith.ýý
Learned
Counsel for the respondent Municipality states before the Court that
pursuant to the interim order passed on 14.5.2008, the suspension
order has been revoked and the appellant is taken on duty and he
further states that if pending the inquiry, the suspension is
continued as revoked, the Municipality has no objection for such
purpose. However, he submitted that the Municipality may be at
liberty to continue with the inquiry proceedings in accordance with
law.
Mr.
Paul, learned Counsel appearing for the appellant however, contended
that for one day absence, such a serious action is taken and it was
further submitted on behalf of the appellant that the Municipality
is desirous of applying pressure tactics under the guise of the
present inquiry and therefore, he submitted that for one day
absence, if the major penalty is imposed upon the petitioner,
irreversible situation may arise though it is not a case for
imposition of major penalty.
Having
considered the facts and circumstances of the case, it appears that
when the suspension is already revoked and the Municipality has no
objection for continuation of the said position, the inquiry can
proceed in accordance with law. At the inquiry, appellant original
petitioner may raise all contentions as may be available in
accordance with law. However, considering the charges levelled
against the petitioner, ends of justice would be met, if the
decision is taken at the conclusion of the inquiry for imposition of
major penalty including that of removal from service, the same is
not implemented for a period of two weeks from date of communication
thereof to the appellant by registered post.
In
view of the above, the appeal stands partly allowed to the aforesaid
extent.
Considering
the facts and circumstances and in view of the aforesaid order
passed, the amount of cost which has been deposited by the appellant
pursuant to the earlier order of this Court shall be returned to the
appellant.
(Jayant
Patel,J.)
(Akil
Kureshi,J.)
(raghu)