NAVINCHANDRA JERAMBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the order dated 12.06.2012 passed by the learned Single Judge of this Court in Special Civil Application No. 7669 of 2012, whereby the learned Single Judge has dismissed the petition but further clarified that the order of imposition of condition shall cease to operate with effect from 01.04.2013 onwards.

(2.) SHORT facts of the case appears to be that the appellant -petitioner joined the service of the respondent department as a Teacher in the year 1979 and lastly he was working as a Professor and in -charge Principal at R.G.T. College, Porbandar. In the year 2007, he preferred Special Civil Application No. 18737 of 2007 seeking pay -scale of the post of Principal on the ground that he has been holding post of Principal for a period of more than eight years. The said petition was disposed of by order dated 15.02.2008. However, as the petitioner was not satisfied with the said order, he preferred Letters Patent Appeal No. 256 of 2008 which came to be dismissed by order dated 15.09.2008. Against the said order passed in the Letters Patent Appeal, certain observations were made by the Division Bench of this Court that the petitioner twisted the facts, played smart and tried to mislead the Court. It was also observed that such conduct on the part of the petitioner could be said as misconduct attracting the power of the authority to take disciplinary action after holding inquiry. The petitioner carried the matter before the Apex Court by preferring Special Leave Petition which also came to be dismissed vide order dated 07.11.2008 but the observations made by the Division Bench in the above referred Letters Patent Appeal were neither interfered with nor expunged.

(3.) WE have heard Mr. G.R. Thakar, learned advocate for the appellant, Mr. Rutvij Oja, learned AGP for the respondent No. 1 -State and Ms. Tejal Shah learned advocate for Ms. Roopal Patel, learned advocate for the respondent No. 2.