LAWS(GJH)-2007-8-237

ARUNSINH TAPUJI CHUDASMA Vs. STATE OF GUJARAT

Decided On August 16, 2007
ARUNSINH TAPUJI CHUDASMA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Shri Supehia, learned counsel appearing for the petitioners submits that order dated 20.4.2000 had been passed without affording an opportunity to the affected employees i.e the petitioners and others. The result of this order has entailed civil consequences as the protection of pay granted to them was sought to be withdrawn and recovery was ordered to be effected. Therefore, as per the established principles of law, they were required to be heard by the Competent Authority. Shri Supehia submits that this Court has granted ad-interim relief, which has been confirmed by this Court (Coram: H.K.Rathod, J.) vide order dated 29.11.2001 while admitting the matter. Shri Supehia submits that petitioners may approach the concerned respondent i.e. Respondent No.1 State of Gujarat, Agriculture and Co-operative Department, Sachivalaya, Gandhinagar for redressal of their grievances against the order dated 20.4.2000 and till the representation is decided, the interim order passed by this Court may continue.

(2.) Shri Chauhan, learned counsel appearing for the respondent Nos. 2 and 3 submitted that there shall not be any objection against such a request. However, it may be noted that the hearing is sought from the State Authority and petitioners thereafter may not make grievances about their being not heard by the University.

(3.) Shri Dwivedi, learned AGP for respondent State also submits that the respondent No. 1 may decide the representation within stipulated time.