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2014 Supreme(Guj) 1119
IN THE HIGH COURT OF GUJARAT
Abhilasha Kumari, J.
Darji Bhartiben Jashubhai - Petitioner
Versus
State of Gujarat and Others. - Respondents
Special Civil Application No. 127 & 128 of 2014
Decided On : 26-09-2014
Advocate Appeared:
For the Petitioner:Premal R. Joshi, Advocate.
For the Respondent: D.M. Devnani, Learned Assistant Government Pleader.
Headnote:
Service Law - Constitution of India, 1950 - Article 311 - Order of Termination from services - Jurisdiction - Challenged the orders of different dates passed by Collector whereby appeals filed by them, against orders of termination have been rejected - Petitioners serving as administrators-cum-cooks as part of Mid-Day Meal Scheme for several years were terminated from service - Removal could only be effected by Mamlatdaqr exclusively - Held, when specific powers have been vested upon Mamlatdar, no other authority including Deputy Collector can legally exercise that power even though superior to Mamlatdar - Order of removing petitioners from service quashed - Petitioners entitled to reinstatement - Respondents shall pay to each of petitioners, amount of emoluments they would have earned from date of their removal upto end of their respective tenures, considering that orders of removal are without jurisdiction - Impugned orders directing the termination of the services of the petitioners, passed by the Deputy Collector, are without jurisdiction as the power of removal is not vested in the author of the said orders but is specifically vested in the Mamlatda - Directions issued - Petitions allowed -
ORDER :
Abhilasha Kumari, J.
Rule., Mr.D.M. Devnani, learned Assistant Government Pleader, wavies service of notice of Rule for the respondents, in each petition. On the facts and in circumstances of the case and with the consent of learned counsel for the respective parties, the petitions are being heard and decided, finally.
2. The challenge in this group of petitions is to the impugned orders of different dates passed by the Deputy Collector, Mid-Day Meal Scheme, Palanpur, terminating the services of the petitioners herein as Administrators-cum-Cooks and directing them to deposit different amounts. The petitioners have also challenged the orders of different dates passed by the Collector, Banaskantha, whereby the appeals filed by them, against the orders of termination, have been rejected.
3. As similar issues of law and fact arise in these petitions, they have been heard together and are being decided by a common judgment.
4. The brief factual background in each petition is as follow:
(1) The petitioner of Special Civil Application No.127 of 2014, Darji Bhartiben Jasubhai, was working as Sanchalak-cum-Cook since 2008, at the Mid-Day Meal Scheme Center No.47, Mota Sada Pagar Kendra Primary School, Taluka:Danta, District: Banaskantha. A Showcause Notice dated 27.05.2013, was issued to her by the Deputy Collector, Mid-Day Meal Scheme, Palanpur, District: Banaskantha. The petitioner replied to the Show-cause notice on 29.05.2013. However, her services were terminated by an order dated 31.05.2013, passed by the Deputy Collector, directing her to deposit an amount of Rs.963/-. The said amount has been deposited by the petitioner. The petitioner preferred an appeal before the Collector. By an order dated 08.10.2013, the Collector rejected the same. An application for review was made by the petitioner, but it came to be filed on the ground that there is no provision for review.
(2) The petitioner of Special Civil Application No.128 of 2014, Vashrambhai Dharambhai Chamar, was working as Sanchalak-cum-Cook since 1989, at the Mid- Day Meal Scheme, Jetada Primary School, Center No.30, Taluka: Tharad, District: Banaskantha. A Show-cause Notice dated 23.05.2013, was issued to him by the Deputy Collector, Mid-Day Meal Scheme, Palanpur, District: Banaskantha. The petitioner replied to the Show-cause notice on 28.05.2013. However, his services were terminated by an order dated 31.05.2013, passed by the Deputy Collector, directing him to deposit an amount of Rs.5,255/-. The said amount has been deposited by the petitioner. The petitioner preferred an appeal before the Collector. By an order dated 09.10.2013, the Collector rejected the same. An application for review was made by the petitioner, but it came to be filed on the ground that there is no provision for review.
(3) The petitioner of Special Civil Application No.129 of 2014, Parmar Khodabhai Gagabhai, was working as Sanchalak-cum-Cook since 2003, at the Mid-Day Meal Scheme, Raiya Primary School, Center No.71, Taluka: Deodar, District: Banaskantha. A Show-cause Notice dated 24.05.2013, was issued to him by the Deputy Collector, Mid-Day Meal Scheme, Palanpur, District: Banaskantha. His services were terminated by an order dated 31.05.2013, passed by the Deputy Collector, directing him to deposit an amount of Rs.1,559/-. The said amount has been deposited by the petitioner.
The petitioner preferred an appeal before the Collector. By an order dated 14.10.2013, the Collector rejected the same. An application for review was made by the petitioner, but it came to be filed on the ground that there is no provision for review.
(4) The petitioner of Special Civil Application No.130 of 2014, Khetabhai Khodabhai Daiya, was working as Sanchalak-cum-Cook since 1999, at the Mid-Day Meal Scheme, Khara Primary School, Center No.36, Taluka: Bhabhar, District: Banaskantha. A Show-cause Notice dated 23.05.2013, was issued to him by the Deputy Collector, Mid-Day Meal Scheme, Palanpur, District: Banaskantha. The pet
