TUSHAR D. BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Letters Patent Appeal with other Writ Petitions, being Special Civil Application Nos. 1259 of 2005 (PIL) and 18005 of 2003 (PIL) and other matters were placed before the Hon'ble First Court consisting of Acting Chief Justice Mr. Y. R. Meena, J. and Mr. Anant S. Dave, J. However, Justice Dave made exception, therefore, as per the administrative orders passed by the learned Acting Chief Justice, all these matters were specially assigned to this Court. Accordingly, all the matters were heard by this Court.

(2.) WE have heard learned Senior Advocate Mr. Yatin N. Oza appearing with learned Advocate Mr. B. P. Gupta for the appellant, learned Advocate General Mr. Kamal Trivedi appearing with Assistant Government Pleader Ms. Sangeeta Vishen for respondent No. 1 - State of Gujarat, and learned Advocate Mr. Devang Nanavati for respondent No. 2. Respondent No. 3 - Hon'ble Minister for Health and Family Welfare was deleted as per the order dated 04 -05 -2004 passed by the learned Single Judge of this Court, therefore, after showing his name in the appeal, his name was deleted from the appeal as well.

(3.) LEARNED Advocate Mr. Oza appearing for the appellant stated that in this case, mainly, on two grounds i.e. (i) for remaining absent from duty, and (ii) for using intemperate language, the appellant was dismissed from service by respondent No. 1, which is challenged by him on the following grounds: