KANUBHAI L PRAJAPATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the order dated 3.5.1994 cancelling the appointment order of the petitioner at Annexure 'B' to the petition.

(2.) SHRI Saurabh Mehta, learned advocate appearing on behalf of the petitioner has submitted that identical petition being Special Civil Application No. 10237 of 1996, in which identical order of cancellation of appointment order was challenged, came to be heard by the learned Single Judge of this Court [Coram: Mr. P.B. Majmudar, J.] and this Court vide order dated 19th September 2005 has quashed and set aside the order of cancellation of appointment order on the ground that no opportunity of being heard was given to the petitioner. Learned counsel appearing on behalf of the respondents is not in a position to dispute the fact that the controversy in question which is raised in the present Special Civil Application is not squarely covered. The learned counsel appearing on behalf of the respondents is unable to distinguish the facts of the present case with the facts of the Special Civil Application No. 10237 of 1996.

(3.) IT is also not in dispute that before cancellation of the order of appointment no opportunity of being heard was given to the petitioner. Under the circumstances and for the reasons stated in the Judgment and Order dated 19th September 2005 passed in Special Civil Application No. 10237 of 1996 the impugned order dated 3rd May 1994 is required to be quashed and set aside on the limited ground that no opportunity of being heard was given to the petitioner. Under the circumstances, the impugned order dated 3rd May 1994 is quashed and set aside only on the limited ground that no opportunity of hearing was given to the petitioner and the respondent