NITABEN S VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have preferred present petitions under Articles 14, 16 and 226 of the Constitution of India challenging the inaction on the part of respondents with below mentioned relief/s:-

(2.) The short facts giving rise to present petitions are that the petitioners were appointed by respondent No.5 as Ashramshala Teacher and Vidhyasahayak on 15/7/2004 and 25/9/1990 respectively. Both the petitioners were performing their duties sincerely and suddenly respondent No.5 had issued a Show-Cause-Notice and thereafter, on 18/11/2011 chargesheet came to be issued by respondent No.5 against both the petitioners. The petitioners had replied the said chargesheet on 24/11/2011 stating that the power of issuing Show-Cuase- Notice as well as chargesheet is with respondent No.4. However, respondent No.5 management had passed termination order and terminated services of both the petitioners.

(3.) Heard Mr. Samir B. Gohil, learned Counsel appearing for the petitioners in both the petitions and Ms. Dharitri Pancholi, learned Assistant Government Pleader for the respondent Nos. 1 to 4 and Mr. Jayesh A Kotecha, learned Counsel for respondent No.5.