LAWS(GJH)-2008-5-89

PATEL KAUSHIK KUMAR JETHABHAI Vs. SABARKANTHA DISTRICT PANCHAYAT

Decided On May 08, 2008
PATEL KAUSHIK KUMAR JETHABHAI Appellant
V/S
SABARKANTHA DISTRICT PANCHAYAT Respondents

JUDGEMENT

(1.) AS the common question of facts and law arise in both these petitions and are out of the common order dtd. 3/5/1993, both these petitions are disposed by this common judgement and order.

(2.) IT is the case on behalf of the petitioners that they were appointed as Gram Sevak after following due procedure and as per merit list / select list vide order dtd. 17/2/1992 and after they worked for approximately more than one year, all of a sudden their services came to be terminated vide impugned order dtd. 3/5/1993, without giving any opportunity to them on the ground that their services were contrary to the rules.

(3.) MR. DIPAK Raval, learned advocate appearing on behalf of the respective petitioners has submitted that the impugned order dtd. 3/5/1993, terminating the services of the petitioners, is in breach of the principles of natural justice, as before passing the impugned order, no opportunity of hearing has been given to the respective petitioners. He has relied upon the decision of the Hon'ble Supreme Court in the case of Shrawan Kumar Jha and others Vs. Ram Sevak Sharma and others, reported in AIR 1991 SC 309. Therefore, it is requested to allow both these petitions.