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Judgment
Nikhil S. Kariel, J
Heard learned Advocate Ms. Prachi Upadhyay for learned Advocate Mr. Vaibhav A. Vyas for the petitioners and learned AGP Mr. Aditya Pathak for the respondent-State.
Learned Advocate Ms. Upadhyay for the petitioners would submit that in a similar issue this Court has passed an order dated 25.08.2023 in Special Civil Application No.14789 of 2023 and allied matters, whereby certain directions have been issued and whereas learned Advocate would submit that same directions could also be issued in the present petition.
Learned AGP Mr. Pathak for the respondent-State would concur that the issue raised in the present petition is the same as in the Special Civil Application No.14789 of 2023 and allied matters, which were decided by this Court.
Considering the submissions made by learned Advocates for the parties, the following directions are passed :
4.1. The notices which are impugned in the petition shall be treated as show cause notices.
4.2. The District Panchayat concerned, shall, in case they have not supplied, supply a copy of the report of the inquiry committee to the employees concerned and whereas upon such report being forwarded to the employees, the employees will be given adequate opportunity to respond to the same more particularly to respond to the issues on which the Panchayat would ask them to respond.
4.3. After the reply to show cause notices are submitted by the employees, the panchayat if it is of the opinion that penalty as stipulated in Rule 6 of the Gujarat Panchayat Service ( Discipline and Appeal) Rules, 1997 is to be imposed upon the employees concerned, then the same shall be imposed only after following the procedure prescribed in the said Rules i.e. the Gujarat Panchayat Service (Discipline and Appeal) Rules, 1997.
4.4. Needless to clarify that since this Court upon the statement made by learned AGP has made it clear that any adverse action upon the employees would be only after the Rules are followed, therefore, no further observations from this Court are required.
With these observations and directions the present petition stands disposed of. Direct service is permitted.