GOPALDAS HASMUKHLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Bhatt, learned AGP waives service of notice of Rule for respondent No. 1 and Mr. Shah, learned Counsel for respondents No. 2 and 3 waives service of notice of Rule. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard today.

(2.) THE only question arises for consideration is the manner of exercise of power by the Director of Municipality while hearing the appeal against the decision of the Municipality and the recording of the reasons therein.

(3.) IT appears that the petitioner was placed under suspension and the charge-sheet was issued to the petitioner. Thereafter, the Inquiry Officer was appointed and the Inquiry Officer had given the finding, whereby certain charges, were found proved. The Municipality, which is the final authority, based on the report of the Inquiry Officer, has taken decision for dismissal of the petitioner. Against the said decision, the petitioner carried the matter in appeal to the Director of Municipality and the Director of Municipality has passed the impugned order dated 29. 12. 2008, produced at Annexure A-5, which is impugned in the present petition.