HASMUKHBHAI HIRALAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) While this Civil Application which is filed by the applicant - the Agriculture Produce Market Committee, Siddhpur (original respondent No.3), is for vacating interim relief granted in the Special Civil Application on 18.09.2018, for the reason of the nature of the case in the Civil Application, the very substratum of the main petition would be addressed by the Court on merits.

(2.) The Special Civil Application was filed by the petitioner who is the Secretary of the Siddhpur Agriculture Produce Market Committee, seeking to set aside show cause notice dated 21.08.2018 issued by the Administrator of the Market Committee - respondent No.3. By the said notice, the departmental proceedings came to be initiated by the Market Committee against the petitioner in respect of charges levelled against him which were of incurring expenditure without prior approval of the Market Committee.

(3.) By filing the Civil Application for vacating the interim relief, it is contended by respondent No.3 - Administrator of Market Committee inter alia that the Market Committee was within its competence to initiate independent departmental proceedings against the petitioner for the alleged irregularities committed by the petitioner. It was stated by learned advocate for respondent No.3 that notice dated 21.08.2018 was such notice which was not issued under Section 50, but was an independent departmental action. The submission could be accepted.