The central legal point established in the judgment is the authority of the Municipal Commissioner under the Gujarat Provincial Municipal Corporations Act, 1949, and the duty of the employee to prioritize official responsibilities over private practice.

Rajesh H. Shukla, J.

1. The present First Appeal is filed by the Appellant/Original Plaintiff being aggrieved with the impugned judgment and order rendered in Civil Suit No. 529 of 1994 by the City Civil and Sessions Court, Ahmedabad dated 11.12.2008, by which the Suit of the Appellant/Original Plaintiff was dismissed with costs.

The facts of the case briefly stated are as follows.

2. The Appellant/Original Plaintiff was serving as a Medical Officer and was a permanent employee of the Ahmedabad Municipal Corporation. However, the Appellant/Original Plaintiff is said to have been indulged in private practice and was caught red-handed, which led to the charge sheet and the inquiry. After providing reasonable opportunity of being heard to the Appellant, the Inquiry Officer made a report, on the basis of which, his services were terminated and the punishment came to be imposed. Therefore, it has been challenged by the aforesaid Suit by the Appellant on various grounds inter alia the rules of natural justice and the Appellant/Original Plaintiff sought injunction as well as setting aside the same. The issues were framed, and, on the basis of the appreciation of material and evidence, and after considering the rival submissions, the impugned order came to be passed by the City Civil and Sessions Court, Ahmedabad, by which the Suit of the Appellant/Original Plaintiff was dismissed with costs and the order of removal passed by the competent authority - Municipal Commissioner was maintained. Therefore, the present Appeal has been preferred on the grounds set out in the Appeal.

3. It has been contended that the charge sheet is bad in law and against the violation of principle of natural justice. Similarly, it has been contended that the Inquiry Officer held him guilty with prejudiced mind, and the reasonable opportunity of being heard has not been provided, and therefore, the inquiry report is bad and illegal. The competence of the Inquiry Officer as well as the disciplinary authority has been challenged.

4. Similarly, Special Civil Application No. 1167 of 2008 came to be filed by the Ahmedabad Municipal Corporation, challenging the order passed by the controlling authority under the Payment of Gratuity Act, by which it had ordered payment of gratuity vide order dated 13.7.2006. The Ahmedabad Municipal Corporation preferred Gratuity Appeal No. 20 of 2006 before the appellate authority. However, the appellate authority also confirmed the order passed by the authority directing the Ahmedabad Municipal Corporation to make the payment of the gratuity vide order dated 25.7.2007. Therefore, the Ahmedabad Municipal Corporation preferred the aforesaid Special Civil Application No. 1167 of 2008 challenging both the orders on the grounds stated in the memo of Petition inter alia contending that Respondent No. 1 was dismissed from service w.e.f. 21.12.1993 and has served by interim order of the civil court, and therefore, would not be entitled to make any such claim.

5. Heard learned Advocate Shri Sunil K. Shah for the Appellant.

6. Learned Advocate Shri Shah submitted that the Appellant was a Doctor, who is said to have caught red-handed, and on the basis of that, an inquiry was initiated, and ultimately, on the basis of the inquiry report, he was dismissed from service. However, learned Advocate Shri Shah submitted that the court below, while dismissing the Suit of the Appellant/Original Plaintiff has failed to appreciate that as the wife had to go out of station all of a sudden, the Appellant/Original Plaintiff, as a Doctor, had only attended her clinic to avoid any inconvenience to the patients, and therefore, it could not be termed that he has been practicing. Learned Advocate Mr. Shah also submitted that the inquiry was conducted in a biased manner and in violation of the rules of natural justice, which has not been appreciated. Learned Advocate Shri Shah referred to the papers and submitted that assuming that there was some lapse and he w