NILESHBHAI PRAVINBHAI PATEL Vs. COMMISSIONER OF MUNICIPALITIES

JUDGEMENT

(1.) Challenge in this petition is to the order dtd. 3/6/2021 passed by the Regional Commissioner, Gandhinagar Zone, in Review/02/2018 confirmed by the order of the Commissioner of Municipalities in Appeal No.37 of 2021 filed by the order of 7/5/2022.

(2.) Facts in brief would indicate that the Modasa Municipality-respondent no.3 by two advertisements dtd. 7/12/2011 and 18/1/2012 invited applications for 13 vacancies on 11 posts viz. of Fire Officer, Town Planner, Technical Assistant, Computer Operator, Sanitary Inspector, Community Organizer, Wire man- cum-Electrician, Driver, Cleaner, Clerk-cum-Computer Operator and Fireman respectively.

(3.) Mr.G.M.Joshi learned Senior Advocate appearing with Mr.Haribhai Patel learned advocate for the petitioners would submit that if the orders of the Regional Commissioner dtd. 3/6/2021 is compared with the order in Appeal dtd. 7/5/2022, the order is without reasons. Perusal of the operative part of both the orders in Revision and in appeal would indicate that except for a few ornamental changes in the reasoning, the Appellate Authority had confirmed the order of the Reviewing Authority and therefore the order suffers from the vice of being an order without reasons. The same should therefore be set aside.