SANJAYBHAI KANJIBHAI TERAIYA Vs. SAURASHTRA UNIVERSITY

JUDGEMENT

(1.) This Appeal is filed under Clause 15 of the Letters Patent against the order dtd. 25/4/2023 rendered by the learned Single Judge of this Court in Special Civil Application No. 5883 of 2023, whereby, the learned Single Judge has refused to grant any interim relief in favour of the present appellant - original petitioner. The learned Single Judge has also observed that let reply be filed by respondent No.1-University before the next date of hearing.

(2.) Heard Mr.Rajendra Patel, learned advocate for the appellant, Mr.Anand Gogia, learned advocate with Ms.Kajal Kalwani, learned advocate for respondent Nos.2 to 4.

(3.) Mr.Rajendra Patel, learned advocate for the appellant at the outset, has referred to the relief prayed for by the petitioner in the main petition at page 55 to 60 of the compilation. Learned advocate for the appellant submits that respondent No.5 herein i.e. Internal Complaint Committee (ICC) has submitted a report against the petitioner on the basis of which, now respondent No.4 without any authority of law initiated the disciplinary inquiry simply relying upon the report submitted by the ICC. It is also submitted that the witnesses in the report of ICC as well as in the memo of charges issued to the petitioner are the same. It is also submitted that the petitioner has filed an appeal before the appellate authority against the report submitted by the ICC and the said appeal is still pending, and therefore, it is not proper for the concerned respondent authority to proceed with the departmental inquiry. It is further submitted that though the aforesaid important aspect was pointed out to the learned Single Judge, the learned Single Judge has not granted any interim relief in favour of the petitioner, and therefore the present appeal is filed.