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1999 Supreme(Guj) 756
Gujarat High Court
Judgename :S.K.Keshote
MUNICIPAL CORPORATION OF AHMEDABAD - Appellant
Versus
PARSHOTTAMBHAI CHAKUBHAI PATEL - Respondent
MISC.CIV.APPLN. 1347 of 1999
Decided On : 12/30/1999
Headnote:
Code of Civil Procedure, 1908 - Order 47 Rule 1 and Section 151 - Dismissal from service - respondent was working as Sanitary Inspector with Nagar Panchayat and he was dismissed from the services as he was found to be in a grave misconduct and which was proved in the departmental inquiry, held against him - This order of dismissal from service was challenged - Held, The limitation for filing of the review of judgment under Order 47 Rule 1 of Code of Civil Procedure, 1908 is of 30 days and it is certainly beyond limitation if we go by the title of the application and further if it is accepted that the review of the order of this court under Article 226 of the Constitution of India is not permissible under the said provision - The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made; it may be exercised where some mistake or error apparent on the face of the record is found; it may also be exercised on any analogous ground - petitioner has got all these orders from the Nagar Panchayat in what facts and circumstances which clearly are borne out from the facts of this case - To oblige the petitioner, all those orders have been passed, otherwise, there was no occasion to pass such order by the Nagar Panchayat - There is an error apparent on the face of the order of this court and it is a fit case for review of this order - Otherwise also, the respondent himself is not satisfied with this order - M. C. A. allowed. (Paras 29, 31, 33)
( 1 ) BY this Misc. Civil Application, titled as application for review under Order 47 Rule 1 and Section 151 of Code of Civil Procedure, 1908, the applicant-Ahmedabad Municipal Corporation, Ahmedabad is praying for recalling the judgment dated 16/3/98 passed in Special Civil Application No. 6056/84. Second prayer has been made for condonation of delay, if any is there in filing thereof in the interest of justice. Third prayer has been made to grant such other and further relief as what this court may deem and fiit proper in the facts of this case.
( 2 ) THE facts and background which give rise to this Misc. Civil application before this court are to be stated, which are as follows.
( 3 ) THE respondent Shri Parshottambhai Chakubhai Patel was working as Sanitary Inspector with Naroda Nagar Panchayat, Naroda. Under the order of Naroda Nagar Panchayat, Naroda dated 16/8/84 he was dismissed from the services as he was found to be in a grave misconduct and which was proved in the departmental inquiry, held against him. This order of the Naroda Nagar Panchayat, Naroda dismissing the respondent from the services was challenged by him in this court by filing Special Civil Application No. 6056/84. This Special Civil Application was presented in the court on 21/8/84. The matter was placed for preliminary hearing in the court and notices were issued to the respondents therein. The learned counsel for the parties are not at variance that this court has not granted any interim relief in favour of the respondent. After service of the notices, the matter was placed for admission in the court and the matter was admitted. Here also the learned counsel for the parties are in agreement that this court has not protected the respondent by grant of any interim relief in his favour at this stage also.
( 4 ) IN January, 1995 the proposal to merge Naroda Nagar Panchayat, Naroda with Ahmedabad Municipal Corporation, Ahmedabad was going on at higher level of the State Government which the respondent was knowing well. It is stated that the Ahmedabad District Panchayat, Ahmedabad issued direction to the concerned panchayats including Naroda Nagar Panchayat, Naroda not to make any change in its establishment or to increase liability of the Panchayat by increasing the wages or altering the position and other service conditions of the employees which would result in increase of liability of the Panchayat concerned. For this the necessary orders had been circulated to all the concerned officers of the panchayats by the District Development Officer, District Panchayat, Ahmedabad vide his letter dated 18/1/85. The petitioner makes reference to the letter dated 1/11/85 of the respondent submitted to Naroda Nagar Panchayat, Naroda for the settlement of the dispute of his dismissal from the service of the Panchayat. The State of Gujarat, Urban Development and Urban Housing Department, Gandhinagar vide its notification dated 5/11/85 issued a draft notification for altering the limits of city of Ahmedabad and in schedule A thereof Naroda Nagar Panchayat, Naroda is there at Sr. No. 8. This was published in the Government Gazette, Extraordinary Part 1a. The application of the respondent dated 1/11/85 was considered by the Naroda Nagar Panchayat, Naroda in its meeting held on 18/12/85 and vide its resolution No. 491 it has decided to reinstate the respondent back in services, however subject to the outcome of the result of the Special Civil Application No. 6056/84. It has further been resolved that the respondent shall not be entitled for the back-wages. Copy of this resolution is there on the record of this Misc. Civil Application at page No. 51 as Annexure G-1. In pursuance of this resolution of the Naroda Nagar Panchayat, Naroda under the order dated 27/12/85 Annexure G-2 at page No. 52 of the Misc. Civil Application, of the President the petitioner was ordered to be reinstated back in the services w. e. f. 1/1/86 as Sanitary-cum-Food Inspector.
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