LAWS(GJH)-2024-3-79

KAMLESHKUMAR KEWALRAM ALWANI Vs. HIGH COURT OF GUJARAT

Decided On March 07, 2024
Kamleshkumar Kewalram Alwani Appellant
V/S
HIGH COURT OF GUJARAT Respondents

JUDGEMENT

(1.) The petitioner was a Civil Judge and Judicial Magistrate First Class, by this captioned petition has invoked supervisory writ jurisdiction under Articles 226 and 227 of the Constitution of India read with Articles 14, 16, 235 and 311, assailing the order dtd. 9/8/2016 terminating the petitioner from his services as Judicial Officer. The writ applicant has also prayed for issuance of writ of mandamus against the respondents to pay salary and all service benefits by treating it as a case of no order of suspension or dismissal. It is also prayed to quash and set aside the award of punishment of dismissal right from inception and to grant all consequential service benefits, as if the petitioner was not terminated. Pending this petition, the prayer was sought to stay the execution, operation and implementation of the impugned order of termination dtd. 9/8/2016 and to permit him to join the services with all benefits, which is otherwise not granted by this Court.

(2.) In order to appreciate the controversy involved in the matter, the relevant facts in brief are summarized as under:

(3.) We have heard Mr. Vaibhav Vyas, learned advocate for the petitioner, Mr.Shalin Mehta, learned Senior advocate with Mr. Hemang Shah, learned advocate for the respondent No.1 and Mr. Mayank Chavda, learned Assistant Government Pleader for the State- respondent No.2.