KANAIYALAL GORDHANDAS HINDOCHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable today. Addl. Government Pleader Mr. Hasurkar appears for and waives service of rule on behalf of the respondents.

(2.) Under Resolution dated 1 2/09/1997, petitioner was appointed as the Chief Officer of Dwarka Municipality in the Pay Scale of Rs. 2000 - 3500. The said resolution was challenged before the Collector by the Regional Director of Municipalities. Pursuant to which, the impugned order was made on 23/10/1997 declaring that the appointment of the petitioner as Chief Officer in the Pay Scale of Rs. 2000 - 3500 made without prior permission of the Director of Municipalities was bad and illegal. The Collector, therefore, directed to stay the implementation of the Resolution dated 12th September, 1997. Feeling aggrieved, the petitioner has preferred the present petition.

(3.) Mr. Jhaveri, the learned advocate appearing for the petitioner has contended that the President of the Municipality did not relieve the petitioner so as to enable him to attend the proceedings before the Collector. The petitioner, therefore, could not defend the action of the Municipality and thus the petitioner has been denied the fair opportunity of defence. Mr. Hasurkar has contended that the Collector had given enough opportunity to the petitioner, however, he did not appear before the Collector and defend the action of the municipality.