JYOTSANABEN R ARYABANDHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India, petitioner an ex-employee of Mehsana Municipalities who was ordered to be compulsorily retired has prayed for appropriate writ, direction or order quashing and setting aside the impugned order dated 22.03.2010 passed by the State Government Revisional Authority in Revision Application No.12/2007 as well as to quash and set aside the order dated 05.04.2007 passed by the Collector, Mehsana in Remand Case No.2/2007 as well as to quash and set aside the resolution No.194 dated 17.06.1995 passed by the Mehsana Municipality. At the outset it is required to be noted that petitioner was serving as Internal Auditor with the Mehsana Municipality and she came to be compulsorily retired and thereafter started making allegations and approached the Vigilance Commission with respect to resolution No.194 dated 17.06.1995 with respect to appointment of one Shri N.D. Chaudhary as adhoc Project Officer and with respect to the pay scale etc. After inquiry, the Collector, Mehsana found that the resolution and appointment of Shri N.D. Chaudhary as temporary/adhoc Project Officer was just and proper and even he was put in the pay scale in accordance with law. No illegality has been committed and the said order has been confirmed by the Revisional Authority. Considering the order passed by the Collector, Mehsana as well as the Revisional Authority, it cannot be said that both the authorities below have committed any error in not taking further action with respect to resolution No.194 dated 17.06.1995, which calls for interference of this Court under Article 226 of the Constitution of India. As stated herein above, after the petitioner was compulsorily retired as Internal Auditor for some oblique reason, she has started making allegations with respect to even the appointment which was made in the year 1995 and started making number of allegations. In any case, considering the orders passed by both the authorities below, no case is made out to interfere with the impugned order in exercise of powers under Articles 226 and 227 of the Constitution of India and the petition deserves to be dismissed and is, accordingly, dismissed.