GORDHANBHAI C PATEL Vs. KALOL NAGAR PALIKA

JUDGEMENT

(1.) The petitioner has filed this petition under Article-226 of the Constitution of India seeking a declaration from this Court to the effect that the termination of the services of the petitioner made by the respondent-Nagarpalika was illegal, invalid and inoperative in law and that the said termination is required to be quashed and set aside. The petitioner has also sought for a direction from this Court to the respondent to reinstate the petitioner on his original post with continuity of service and full back-wages. The petitioner has further prayed for a direction to the respondent to consider the petitioner as a confirmed Medical Officer after completion of the probation period.

(2.) It is the case of the petitioner that the petitioner was appointed as a Medical Officer in the hospital viz. Sheth C.S. Municipal Hospital, Kalol, run by the respondent-Kalol Nagarpalika. The petitioner was called for interview on 3rd March, 1987 and he was selected for the post of Medical Officer vide letter dated 24th April, 1987. The petitioner joined the duties in the respondent-Nagarpalika with effect from 27th April, 1987 and since then, till the petitioner came to be terminated, the petitioner worked continuously without any break in service and there was no complaint about the performance of the duties as a Medical Officer of the Family Welfare Centre. During his service tenure, the petitioner was neither issued any chargesheet nor any memo regarding the dissatisfactory performance of his duties. During his tenure with the respondent-Nagarpalika, some complaint was filed by Shri Kantibhai Ramjibhai Patel alleging that the petitioner was asking for Rs.50/- for issuance of a medical certificate. The petitioner thereafter was served with a show cause notice by the Superintendent of the hospital on 1st November, 1988. It is stated in the petition that the said Shri Kantibhai wanted the report of grave injuries to him with a view to get more compensation in an accident claim. The petitioner refused to give such a false report and hence, after receipt of the said report on 10th October, 1988, a complaint was given by him to the President of the Nagarpalika after about more than 20 days. The petitioner filed a detailed reply on 5th November, 1988. After receipt of the explanation from the petitioner, no further action was initiated by the Nagarpalika. However, the said issue was taken up by the General Body of the Nagarpalika in its meeting on 5th December, 1988 at Item No.22 of Agenda and pursuant to the said agenda, the General Body of the Nagarpalika decided to terminate the services of the petitioner with an immediate effect. It is further stated that no such order by the competent authority was served on the petitioner till this date.

(3.) Being aggrieved by the said termination, the present petition was filed before this Court invoking the writ jurisdiction of this Court under Article-226 of the Constitution of India.