PASCHIM GUJARAT VIJ COMPANY LIMITED Vs. PR MAJITHIYA

JUDGEMENT

(1.) This appeal under Clause 15 of Letters Patent Appeal is preferred by the appellants/original respondentsPaschim Gujarat Vij Company Limited and Gujarat Electricity Board challenging the order dated 17.12.2013 passed in Writ Petition being Special Civil Application No.11646 of 1994 whereby the petition filed by the petitioner under Article 226 of the Constitution of India came to be allowed by quashing and setting aside the orders of suspension of dismissal and of appeal at Annexures 'D' dated 26.8.1993, 'F' dated 4.9.1993 and 'I' 17.11.1994.

(2.) In view of certain instructions received by Mr.Dipak R.Dave, learned advocate appearing for Paschim Gujarat Vij Company Limited and Gujarat Electricity Board, it is not necessary for us to record in detail facts of the case but at the same time we would like to reproduce certain extracts of the order under challenge and it reads as under:

(3.) Upon arguments canvassed by learned advocates for the parties and on careful perusal of Regulation 8 (I) (ii) of Gujarat Electricity Board Employees Conduct, Discipline and Appeal Procedure/Regulation, learned Judge found that order of dismissal was in violation of principle of natural justice and most arbitrary. Even procedure undertaken by invoking clause of summary proceedings was also found to be defective and finally it was held that dismissal order by respondent authority, petitioner herein, was illegal and also malafide and directed the Paschim Gujarat Vij Company Limited and Gujarat Electricity Board to reinstate the petitioner employee, respondent herein in service with all consequential benefits as if the petitioner was not dismissed from service by the order of dismissal. Necessary consequences such as reinstatement, back wages etc. was to follow and to be paid to the petitioner at the earliest.