B R SHAH Vs. COLLECTOR

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has been seeking to quash and set aside the order, dated 25.5.1988 passed in Appeal No.137/87 by the Gujarat Civil Services Tribunal (hereinafter referred to as "the Tribunal"), with further prayer to hold the petitioner a "specified Government servant" under Gujarat Civil Service Rules and entitled to all benefits and to take resort to remedial measures and also praying to quash and set aside the order terminating the service of the petitioner as illegal, violative of principles of natural justice, with the relief of reinstatement in service with full backwages.

(2.) The case of the petitioner is that he was working as a part-time Sweeper since 1979 and was discharging his duties to the satisfaction of the respondents; that the service of the petitioner was terminated somewhere in the year 1981. The petitioner challenged the said termination order passed by the respondents before the Tribunal. The Division Bench of the Tribunal held that the petitioner is a "specified Government servant" under Gujarat Civil Service Rules and is governed by the Gujarat Civil Services (Discipline & Appeal) Rules, 1971. The respondent did not choose to prefer appeal against the said order passed by the Division Bench of the Tribunal in Appeal No.505/81. Implementing the said order, the respondents reinstated the petitioner in service in 1982; that thereafter, respondent No.2 who is the Disciplinary authority, again, issued a show cause notice on 7.4.1986. The respondent No.2 was also tendered an explanation by the petitioner but respondent No.2 did not hold any inquiry in pursuance of show cause notice; that the services of the petitioner were brought to an end by respondent No.2 on the ground that the explanation which was tendered by the petitioner was not satisfactory, and therefore, the service was terminated; That no inquiry was held by respondent No.2 pursuant to show cause notice and no opportunity of being heard was given by the respondent No.2; that the said action of the respondents in terminating the service of the petitioner is in gross violation of principles of natural justice and against the canons of social justice; that against the said order, the petitioner preferred departmental appeal before respondent No.1; that without going through the papers respondent No.1 vide order dated 13.2.1987 confirmed the termination order passed by respondent No.2. That thereafter, the petitioner preferred Appeal No.137/87 before the Tribunal. That the tribunal vide impugned order dismissed the appeal for want of jurisdiction. It is this order which is assailed in the present special civil application.

(3.) Admittedly the petitioner was working as a part-time Sweeper. The question involved is whether a part-time employee working in the Government department is a specified Government servant within the meaning of Gujarat Civil Service (Discipline & Appeal) Rules, 1971 read with Section 2(h) of Gujarat Civil Services Tribunal Act, 1972.