SONALBEN KANJIBHAI KACHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned advocates appear and waive service of notice of rule for the respective respondents.

(2.) In the present writ petition, the petitioner has, inter alia, seeking for the following relief;

(3.) At the outset, learned senior advocate Mr.G.M.Joshi, learned advocate Mr.Vyom Shah appearing for the petitioner has submitted that the issue is squarely covered by various judgments of the Division Bench as well as the Coordinate Benches of this Court. He has placed reliance on the judgment dtd. 24/7/2020 passed in Letters Patent Appeal No.1596 of 2019, order dtd. 16/10/2019 passed in Special Civil Application No.16975 of 2018 and the order dtd. 2/9/2020 passed in Special Civil Application No.7743 of 2020. It is submitted that as per the judgments of the Division Bench dtd. 20/2/2018 passed in Letters Patent Appeal no.189 of 2018, and in the judgment dtd. 15/4/2019, passed in Letters Patent Appeal No.841 of 2019, on an similar issue, wherein the Division Bench, while examining the cases of the termination of contractual and temporary employees has set aside the termination which was passed without holding a full-fledged departmental inquiry as per the discipline and appeal rules. Thus, it is submitted that the impugned order of termination is required to be quashed and set aside with all consequential benefits. Reliance is also placed on the judgments of the Constitution Bench of the Apex Court in the case of Champaklal Chimanlal Shah V/s. Union of India, reported in AIR 1964 SC 1854 and Moti Ram Deka V/s. General Manager, North East Frontier Railway, reported in AIR 1964 SC 60. He has submitted that the termination order has been passed, without holding any regular departmental inquiry and since the order is stigmatic, as per the settled proposition of law the respondents are required to hold a regular departmental inquiry proving the misconduct. Thus, he has submitted that the issue is squarely covered by various judgments of this Court as noted here-in- above.