JUDGMENT :

(PER : HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE)

1. The present Letters Patent Appeal impugns the judgment and order dated 02.03.2023 in Special Civil Application No.822 of 2022, whereby the learned Single Judge has dismissed the Special Civil Application.

2. The brief facts leading to filing the present appeal are as follows:-

2.1 The appellant was elected as a Councillor to the Unjha Nagarpalika. It is alleged that on 26.04.2021, the Chief Sanitary Inspector of the Nagarpalika – Mr. Jasminbhai Patel was insisting that the shop-keepers close their shops in the local market in the wake of the second wave of Covid-19. It is alleged that the shop-keepers objected to shutdown of the shops and handing over of the keys to him. In addition, the said Inspector was also imposing fine of Rs.1,000/- on the said shop keepers for violation of Covid-19 norms. The local market being in the constituency of the appellant, he received complaints from the shop-keepers about the high-handed action of said Mr. Jashwinbhai Patel and, therefore, he went to the local market. It is further alleged that the appellant there met the Chief Sanitary Inspector and questioned his actions. He asked the Chief Sanitary Inspector to stop from forcing the shop-keepers to shutdown the shops. It is the case of the appellant that initially, he had politely requested to stop the forcible shutdown of the shops. However, when the Chief Sanitary Inspector did not desist from his actions, the appellant herein raised his voice and forcibly tried to stop the Chief Sanitary Inspector from shutting the shops. This incident of confrontation with the Chief Sanitary Inspector came to recorded on a mobile phone which shows the appellant arguing and misbehaving with the Chief Sanitary Inspector in disgraceful manner. The said video became viral when posted on the Facebook wherein the appellant was also tagged and the same was also visible on the Facebook page of the appellant.

2.2 The appellant herein complained about the incident of forcible shutdown to the respondent no.2 – the Chief Officer, Unjha Nagarpalika and requested him to take immediate action against the Chief Sanitary Inspector. It is a case of the appellant that the Chief Sanitary Inspector was called for explanation on the complaint made by the appellant and that, after two days of incident, Mr. Jaswinbhai Patel – the Chief Sanitary Inspector also alleged counter allegations against the appellant herein stating that he was merely doing his job to save the public from Covid-19 in the second wave, by directing closure of shops as was unanimously decided by the Nagarpalika.

2.3 That, on the complaint of Chief Sanitary Inspector and taking note of the behaviour of the appellant herein, the respondent no.2 – the Chief Officer, Unjha Nagarpalika recommended to the respondent no.1 – the Commissioner of Municipalities to initiate appropriate action against the appellant herein under Section 37 (1) of the Gujarat Municipalities Act, 1963 (for short “the Act, 1963”).

2.4 That, on 20.09.2021, the respondent no.1, the Commissioner of Municipalities issued a show-cause notice to the appellant calling upon him as to why action under Section 37 (1) of the Act, 1963 may not be initiated against him. Upon receipt of such show-cause notice, the appellant vide letters dated 23.09.2021 and 27.09.2021 asked for certain information so as to enable him to submit his reply to the show-cause notice. That the first hearing came to be kept on 07.10.2021 and some of the documents as so