MANSURALI N. LAKHANI Vs. COMMISSIONER OF HIGHER EDUCATION

JUDGEMENT

(1.) By way of present Appeal under Clause 15 of the Letters Patent, the original petitioner - appellant herein has challenged the judgment dtd. 22/4/2019 passed by the learned Single Judge in captioned writ petition by which the learned Single Judge has upheld the decision of the Gujarat Higher Secondary Schools Services Tribunal, Ahmeabad, in Application Nos.93 of 2001 and 57 of 2002 dtd. 13/6/2006 by which the order of termination of the respondent from the service passed by the respondent No.2 has been upheld.

(2.) Short facts arise from the records are as under:

(3.) Mr. Vivek Bhamare, learned advocate for the appellant would submit that the learned Tribunal as well as learned Single Judge have not correctly appreciated the mandatory provisions of the Act. He would submit that the charge-sheet has been served by other two members than the person nominated by the present appellant. He would submit that the Committee ought to have granted time to appoint another representative. He would also submit that Committee ought not to have ex parte decided the departmental proceedings. He has also tried to take us through the factual aspects of the matter. He, would therefore, submit that the Appeal be admitted and allowed.