NUTAN BHARTI TRUST Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) The petitioner-Trust has preferred this petition under Article 226 of the Constitution of India challenging the order of respondent no.2 i.e Joint Director-Education, State of Gujarat dated 09.04.96 containing direction to the petitioner to reinstate the respondent no.3 on his original post with backwages within fifteen days.

(2.) This Court(Coram: R.M Doshit, J.) issued Rule and granted ad-interim relief to the petitioner in terms of para 22B vide order dated 23.07.96. The interim relief was to the effect that the impugned order of respondent no.2 was stayed till the pendency of this petition. The said relief has continually been in operation till date.

(3.) Mr. J.D Ajmera, learned advocate appearing for the petitioner has contended that the order impugned in this petition is passed without jurisdication and that the tenor of the order goes to show that the principles of natural justice have not been observed by the respondent no.2 while passing this order. Mr Ajmera has contended that the respondent no.3 was dismissed from service after holding detailed inquiry and after affording him opportunity of being heard and leading evidence. This Court's order was assailed by the respondent no.3 before the appellate authority and the appellate authority had infact rejected the appeal on the ground that at the relevant time the appellate authority did not have jurisdiction to entertain the appeal against such order. The respondent no.3 thereafter approached this Court by preferring Special Civil Application No. 13493 of 1994 wherein the Court was pleased to relegate the parties to the appellate authority vide order dated 25.09.95.