SARKHEJ OKAF NAGARPALIKA Vs. SOMABHAI BHAISHABHAI THAKORE

JUDGEMENT

(1.) Both these Letters Patent Appeals under clause 15 of the Letters Patent arise out of one common judgment and order recorded by the learned single Judge, on 15.8.99, in Special Civil Application No.9158 of 1997, whereby, the writ petition, at the instance of the Nagarpalika came to be partly allowed and the order of the Director of Municipalities, Gujarat State, dated 17th November, 1997 passed in Appeal No.881/97 came to be quashed and set aside with a direction to hold inquiry de novo and with a further direction that the delinquent-employee shall remain under suspension during the period of fresh round of inquiry.

(2.) Being aggrieved by the directions adverse to the original parties, both of them have filed Letters Patent Appeals. LPA No.1418/99 is filed by Sarkhej-Okaf Nagarpalika, whereas, LPA No.1908/99 is filed by the employee, Somabhai Thakore. In view of the fact that common questions are involved and upon joint request, both the appeals are being disposed of by this composite judgement.

(3.) Learned counsel appearing for the employee, Somabhai Thakore, has not disputed the unauthorised absence from service as per the chargesheet dated 19.3.97. However, he has raised contention with regard to quantum of punishment. In other words, it is contended that the order of removal, dated 25.7.97, from the service passed against the employee, who was, working as a Junior Clerk in the Nagarpalika, at the relevant time, is disproportionate to the proved delinquency and, therefore, it is extremely harsh. Learned advocate appearing for the Nagarpalika, Mr Upadhyay, has, also, in his candid and fair submission stated that the impugned order of removal on the ground of unauthorised absence from service may be substituted by an appropriate order in the light of the facts and circumstances that may be found expedient by the Court.