KAMLABEN D. PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The captioned writ petition has been filed challenging the order dated 30.03.2007 passed by respondent No. 2 removing the petitioner from service as well as the Inquiry Officer's report dated 20.09.2004.

(2.) The brief facts of the case leading to filing of the present writ petition are as under:

(3.) Learned advocate Mr. H.J. Karathiya appearing for the petitioner has submitted that the inquiry report itself is vitiated since the relevant witnesses are not examined by the Inquiry Officer in the departmental inquiry. He has submitted that the first wife of the husband of the petitioner i.e. Ilaben is not examined in the proceedings as well as the husband of the petitioner is also not examined in the departmental inquiry conducted by the Inquiry Officer. Thus, he has submitted that the Inquiry Officer has not acted in a fair manner and no opportunity of examination of witnesses was granted to the petitioner and the same would amount to violation of principles of natural justice, which would vitiate the penalty as well as the departmental inquiry. He has further submitted that the petitioner had not entered into illegal marriage with Dr. Paresh Patel and he was not living with his wife since last more than six years as he had taken a customary divorce from Ilaben Patel on 21.12.1997. He has invited the attention of this Court to the customary divorce deed dated 21.12.1997 in this regard. He has also placed reliance on the judgment of the Apex Court in the case of Babubhai Asari V/s. Union of India, 2017 4 GLR 2850. He has also submitted that the Inquiry Officer has in fact not examined the deed of customary divorce in the departmental proceedings and hence the proceedings are also required to be quashed and set aside on this ground.