N I PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India challenges the order dated 14th May 1990 passed by the District Development officer, District Panchayat, Ahmedabad, repatriating the petitioner to the parent department on the ground that the power exercised by the Authority is unjust, unreasonable, arbitrary and mala fide and, therefore, violative of Articles 14 and 16 of the Constitution of India.

(2.) THE impugned order is challenged mainly on the ground that the respondent-Authority has no such power to repatriate the petitioner to the parent department and transfer of the petitioner to the Commissioner, Health and Medical Services, State of Gujarat, Gandhinagar, is an exercise undertaken at the behest of vested interests and to deprive the petitioner of his right to carry out the activities of Union. In addition to the above, it is brought to the notice of the Court that the mother of the petitioner was suffering from cancer from 13. 4. 1989 and was undergoing medical treatment before Oncologist. 2. 1 Considering the above aspects, it is submitted in the petition that the impugned order be quashed and set aside.

(3.) MR. H. S. Munshaw, learned counsel appearing for the respondent-Authority, namely, District Development Officer and District Panchayat, Ahmedabad, submits that, by the impugned order, the petitioner is only repatriated to his parent department and transfer of the employee to the parent department cannot be said to be an exercise of power contrary to the Rules or Regulations. According to Mr. Munshaw, the above order of repatriation of the petitioner to the parent department was passed when the petitioner failed to resume duties at the Primary Health Centre, Vataman and remained absent for a number of days. For repatriating the employee, no opportunity of hearing is necessary to be given or consent of the employee is necessary. Besides, according to the learned counsel Mr. Munshaw, the impugned order is of the year 1990 and by passage of time, the issue involved in this petition no more requires adjudication in exercise of power under Article 226 of the Constitution of India.