MEPALAL HANSRAJBHAI LUNAGARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned senior advocate Mr. D. C. Dave with Mr. P. A. Jadeja for the petitioner in respective matters and learned AGP Ms. Asmita Patel for the respondents in both the matters. Perused the record so also all the original records of the respondent - authority and original thesis in two sets, which are available with the respondents, one of which is received from the University and second is alleged to have been received from the concerned college, so also thesis of one Mr. Vatsal K. Kapadia because there is an allegation that petitioner - Mepalal H. Lunagaria has copied the thesis of Vatsal Kapadia for confirming his course of Masters of Engineering ('M.E.', for short).

(2.) The sum and substance of the dispute raised before this court is to the effect that the respondents have by impugned order dated 18.11.2016 imposed punishment of removal from service with a stigma to get any Government service in future for submitting a thesis to secure the degree of M.E. without doing any research work, but by copying the thesis already submitted in past by one Mr. Vatsal Kapadia.

(3.) Whereas, similar punishment was awarded to the petitioner of Special Civil Application No.5840 of 2017, who has worked as guide of the petitioner - Mepalal H. Lunagaria. Therefore, both the petitions are heard together. The petitioners have prayed to quash and set-aside the impugned order, dismissing petitioner from services and stoppage of five increments with future effect for the petitioner Mr.Mepalal H. Lunagaria. Both the petitioners have also prayed for interim relief to stay the implementation and effect of such order dated 18.11.2016 and, thereby, permitted the petitioner to continue in service till the final outcome of the petitions.