DISTRICT PRIMARY EDUCATION OFFICER Vs. KHANT URMILABEN MANGALBHAI

JUDGEMENT

(1.) The present Letters Patent Appeal challenges judgment and order dtd. 26/8/2019 passed in Special Civil Application No. 16342 of 2013.

(2.) The brief facts leading to filing of the present appeal are as follow :-

(3.) Learned advocate Mr. H. S. Munshaw appearing on behalf of the appellant submitted that enough opportunity of hearing was accorded to the respondent No.1 to present her case and she was called upon to produce the necessary documents in respect of 27 items as enumerated in the show cause notice, however the respondent No.1 had failed to produce any such satisfactory proof in support of her claim. It was submitted that the District Primary Education Officer had looked into the entire issue of irregularity in appointment and submitted his report to the State Government whereby the entire exercise was initiated in the interest of administration and public at large. It was further submitted that the learned Single Judge did not appreciate that the full fledged departmental inquiry would not change the scenario as the respondent No.1 has not produced any satisfactory material in support of her claim. It was also submitted that the respondent No.1 at no stage of hearing justified her participation in the event of Kabbadi at various levels during her student days. Accordingly, it was submitted that the termination order passed by the Appellant herein was just and proper and was passed after according hearing to the respondent No.1 and therefore, the impugned order should be set aside.