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LPA/626/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 626 of 2010
In
SPECIAL
CIVIL APPLICATION No. 4702 of 2009
With
CIVIL
APPLICATION No. 3349 of 2010
In
LETTERS
PATENT APPEAL No. 626 of 2010
=========================================
BHAVESHBHAI
LALJIBHAI LAGHVA
Versus
DEPUTY
DISTRICT DEVELOPMENT OFFICER AND ANOTHER
=========================================
Appearance
:
MR.DEVANG D DAVE for
Appellant.
MR HS MUNSHAW for
Respondents.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 21/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The
petitioner has sought to call into question order dated 13.5.2009 of
learned Single Judge of this Court in Special Civil Application
No.4702 of 2009, whereby the petition was dismissed. The petitioner
had challenged order dated 14.7.2008 terminating his service in terms
of condition no.13 of order dated 5.9.2007 appointing him as
Panchayat Sahayak on fixed salary and fixed period. Immediately
after appointment, the petitioner was sent for training and within
two months thereof the petitioner appears to have indulged in serious
act of misconduct for which show cause notice was issued to him and
his reply was considered before terminating his service. Having
regard to the facts and contentions of the appellant, the Court
dismissed the petition in view of express condition of appointment as
also adequate opportunity of being heard being granted to the
appellant.
2. The
appellant sought to re-agitate the issue of violation of principles
of natural justice insofar as no regular departmental enquiry was
initiated and held against him. However, it was seen from the record
that in the show cause notice dated 13.5.2008 issued to the
appellant, his own statement dated 3.5.2008 was relied and making of
such statement was not denied or disputed by the appellant in his
reply dated 20th May 2008. In view of clear admissions
made by the appellant in his own statement, he could not have been
continued in service and no prejudice having been caused to the
appellant by any alleged violation of the principles of natural
justice, the appellant was not entitled to any relief. Therefore, we
do not find any reason to interfere with the impugned order, and
hence, the appeal is summarily dismissed. Civil Application also
stands disposed as not surviving.
(D.H.Waghela,
J.)
(M.D.Shah,
J.)
*malek
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