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HIGH COURT OF GUJARAT
A.S. SUPEHIA, NISHA M. THAKORE
State of Gujarat – Appellant
Versus
Mohammed Naushad Saeed Mohammed Shaikh – Respondent
JUDGMENT :
(A.S. SUPEHIA, J.)
1. With the consent of the learned advocates appearing on behalf of the respective parties, the Letters Patent Appeal is taken up for final hearing today. ADMIT. Learned advocate Mr.K.B. Pujara, waives service of admission on behalf of the respondent.
2. The present appeal is directed against the judgment and order dated 17.12.2024 passed by the learned Single Judge, whereby, the learned Single Judge while allowing the writ petition, while setting aside the order of termination, has directed the appellants to reinstate the petitioner forthwith as if no order of termination was ever passed. Liberty is also reserved by the learned Single Judge in favour of the appellants to initiate appropriate inquiry proceedings in case they desire.
BRIEF FACTS:
3. The brief facts, which are established from the record, are that the State authority issued an advertisement dated 20.01.2021 through the Gujarat Subordinate Services Selection Board for filling up 18 posts of Havaldar Instructor, Class- III in Home Guards Organization, which falls under the State Home Department. The respondent accordingly applied for the said post and after undergoing the selection process, he
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.
The appointment of an employee cannot be revoked without a hearing, as this violates principles of natural justice and civil rights.
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.
Point of Law : Court need not issue a writ merely because there is violation of the natural justice, not because it is not necessary to observe natural justice but because Courts do not issue futile ....
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....
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.
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