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NIRZAR S. DESAI
Mohammed Naushad Saeedmohammed Shaikh – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Nirzar S. Desai, J.
1. With the consent of learned advocates appearing for the respective parties, the matter is taken up for final hearing today itself. Rule. Learned Assistant Government Pleader waives service of rule on behalf of respondents.
2. By way of the present petition, the petitioner has prayed for quashing and setting aside the order dated 8.11.2023 passed by the Director General, Civil Defence and Commandant General, Home Guards, Ahmedabad - respondent No.2 herein by which the appointment of the petitioner was cancelled. The petitioner has also prayed for reinstatement in service with continuity and all other consequential monetary and other benefits.
3. The brief facts as submitted by learned advocate Mr. K. B. Pujara can be summarized as under :-
The appointment of an employee cannot be revoked without a hearing, as this violates principles of natural justice and civil rights.
The court affirmed that an appointment made in violation of recruitment rules is void ab initio, and principles of natural justice do not apply when cancellation is based on undisputed facts.
An appointment made in violation of prescribed rules is void ab initio; no notice or hearing is required for cancellation as per legal principles governing natural justice.
The distinction between irregular and illegal appointments, the application of Articles 14 and 16 of the Constitution, and the consideration of equity in public employment cases.
A termination order based on allegations of misconduct without conducting a departmental inquiry is stigmatic and punitive in nature, requiring compliance with principles of natural justice.
Candidates must fulfill requisite qualifications at the time of appointment; failure to do so renders the appointment void ab initio.
The main legal point established in the judgment is that the cancellation of appointment based on adverse antecedents must adhere to the principles of natural justice and relevant legal provisions, a....
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