GUJARAT GOVERNMENT Vs. DUDA MEGHNA

JUDGEMENT

(1.) THIS appeal is required to be finally heard and decided at admission stage. The appeal is, therefore, admitted on following substantial question of law. Whether the first Appellate Court could be said to have discharged its appellate jurisdiction in accordance with law?

(2.) LEARNED advocate Mr.H. M. Prachchhak waives service of notice of admission of the appeal for the respondents. With the consent of learned advocates for the parties, this appeal is taken up for final hearing on the above substantial question of law.

(3.) THE suit was resisted by the defendants inter alia contending that the departmental inquiry held against the plaintiff was in accordance with law and the plaintiff was given full opportunity in the departmental inquiry and the charge against the plaintiff was proved in the departmental proceedings and on that basis, order removing the plaintiff from service was passed. The defendants also took up the contention as regards jurisdiction of the Civil Court to entertain the nature of the suit filed by the plaintiff.