Nakiya Atul Harjibhai vs State Of Gujarat

A.S. Supehia, J

At the outset, learned advocates appearing for the respective parties have submitted and admitted that the issue is squarely covered by the decision dated 08.07.2022 passed by the Division Bench in Letters Patent Appeal No.1411 of 2018 and allied matters, whereby and wherein, while examining the identical facts, the LPAs are disposed of by issuing direction to the respondent-District Panchayats, as mentioned in the order.

In all these group of writ petitions, learned advocate Mr.Asthavadi has submitted that the petitioners are still continued in service in view of the interim orders passed by this Court.

It is not in dispute that the petitioners are also similarly situated to the appellants of Letters Patent Appeal No.1411 of 2018 and allied matters, as their services are sought to be terminated for the reason that the respondent authorities are doubting the respective certificates produced by the petitioners obtained by them from the respective universities. The issue raised in the present group of petitions is squarely covered by the decision of the Division Bench. After examining the respective submissions of both the appellants (the similarly situated to the present petitioners as well as the same respondents), the Division Bench has observed thus:-

“(i) Letters Patent Appeals and Special Civil Applications stand disposed of.

(ii) As far as Special Civil Application Nos.7118 of 2020, 7364 of 2020, 10471 of 2019, 17283 of 2018 and 20729 of 2018 are concerned, they are hereby allowed and notice of termination issued to writ applicants is ordered to be treated as show cause notice and reply be submitted by the writ applicants and thereafter, same be adjudicated by respective Panchayats in accordance with law.

(iii) Orders passed by the learned Single Judge in setting aside the order of termination are sustained. However, order directing payment of back wages from the date of termination stands modified by directing payment of wages from the date of order of the learned Single and said compliance shall be made within an outer limit of three months from today.

(iv) Respective District Panchayats would be at liberty to initiate fresh proceedings, if deemed fit and if so advised, and pass orders after treating the order of termination as show cause notice and on consideration of the reply, pass orders in accordance with law as observed hereinabove.

(v) We make it clear that we have not expressed any opinion with regard to correctness, authenticity and validity of Diploma Certificates which came to be produced by the respective writ applicants at the time of their employment and it is open for the respective District Panchayats to pass orders after considering the reply, if any, that would be submitted by the writ applicants.

(vi) It is also made clear that where no show cause notice has been issued, respective District Panchayats shall issue show cause notice and after considering the reply, if any, submitted by the writ applicants within the period stipulated under show cause, are empowered to pass orders on merits and in accordance with law. However, in respect of those writ applicants to whom show cause notices have been issued but termination order is based on the internal inquiry report, copy of such report shall be furnished to them to enable them to have their say on the said issue.

(vii) Respective writ applicants, who have not yet been reinstated, pursuant to order of the learned Single Judge, shall be reinstated by respective District Panchayats within an outer limit of one month from the date of receipt of copy of this order.

(viii) It is also made clear that writ applicants on being served with show cause notice or report, as the case may be, shall extend full co-operation to the District Panchayats in concluding the inquiry and it is needless to state that in the event of any such writ applicants failing to co-operate in the inquiry, appropriate authority would be at liberty to proceed to adjudicate the same in accordance with law.”

Thus, the present group of writ petitions are disposed of in terms of the order dated 08.07.2022 passed in Letters Patent Appeal No.1411 of 2018 and allied matters.

At this stage, learned advocate Mr.Asthavadi has submitted that if any orders, which are passed adverse to the petitioners pursuant to the exercise undertaken as per the orders passed by the Division Bench, the same may not be implemented for a period of two weeks to enable the petitioners to challenge such orders by filing appropriate proceedings. The request is refused in view of the order passed by the Division Bench as this Court cannot pass any orders merely on apprehension of the petitioners that their cases will be rejected.

The entire exercise, which is ordered by the Division Bench, is yet to be undertaken. The petitioners as well as the respondent authorities are directed to follow the directions issued by the Division Bench in the order dated 08.07.2022 passed in Letters Patent Appeal No.1411 of 2018 and allied matters.

In view of this, the present writ petitions are disposed of. Notice is discharged. Interim relief stands vacated.