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LPA/1933/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1933 of 2009
In
SPECIAL
CIVIL APPLICATION No. 6315 of 2008
With
CIVIL
APPLICATION No. 10535 of 2009
In
LETTERS
PATENT APPEAL No. 1933 of 2009
======================================
NAVENDUKUMAR
HARSHADBHAI BRAHMBHATT
Versus
STATE
OF GUJARAT AND OTHERS
======================================
Appearance
:
MR BS BRAHMBHATT for
Appellant.
MS MXOA THAKKAR, AGP for Respondent No.1.
None for
Respondent Nos.2 - 3.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 07/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
Learned
counsel for the appellant could not challenge the conclusion recorded
by learned Single Judge in the impugned order to the effect that the
appellant was appointed by his father, who was Chairman of the
employer-Market Committee, and no procedure, as prescribed in the
Rules, had been followed in appointment and continuation of the
appellant in service. Grievance of the appellant before learned
Single Judge and before this Court was that the principles of natural
justice were violated in discharging him from service. Therefore, a
specific query was made as regards prejudice, if any, caused to the
appellant, in view of the glaring and admitted facts of the case.
The appellant having failed to show any grievance and the case being
one of stark nepotism in employment in a public institution, the
appeal is not required to be entertained, and hence, it is summarily
dismissed along with Civil Application.
(D.H.Waghela,
J.)
(M.D.Shah,
J.)
*malek
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