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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Mithabhai Panchabhai Dhedhi – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
J.C. DOSHI, J.
1. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioner has prayed for quashing and setting aside proceedings of Criminal Inquiry Case No.59 of 1993 culminated into Criminal Case No.5193 of 1993 pending before the learned CJM, Rajkot.
2. Brief facts of the case are as under:-
2.1 The respondent No.2 and his wife Naynaben Sureshbhai Bhatt are the Trustees of the Trust known as "Navnirman Kelavani Mandal" which was running school in the name of "Infant Primary School".
2.2 The petitioner was serving as a teacher in the said school in Gujarati Section. The trustees were paying less salary in cash compared to the amount stated in the salary statement regarding the receipt of the salary. Therefore, a grievance was raised by all the teachers due to which the petitioner apprehended that he would be terminated from service.
2.3 Under the circumstances, the petitioner was compelled to institute Civil Suit No.966 of 1983 on 12/10/1983 before the Civil Court at Rajkot.
2.4 Ultimately, the trustees terminated the services of various teachers including the petitioners by a telegram dated 22/12/1
Continuing criminal proceedings based on identical allegations that have been previously discharged constitutes an abuse of process of law.
The High Court affirmed that quashing of FIRs should be rare, and criminal and civil remedies can coexist; the trial court is authorized to direct police investigations under Section 156(3) despite p....
Allegations against an employer must be substantiated; failure to do so can result in justified dismissal for misconduct.
The court emphasized that while examining the issue of quashing of cognizance and proceedings, it should only see whether a prima facie case is made out from the material available on record.
The court established that compliance with procedural requirements under the Gujarat Higher Secondary School Services Tribunal Act is essential for valid dismissal of a teacher.
Disciplinary actions must be supported by substantial evidence, especially when a criminal acquittal exists for the same charges.
The main legal point established is the requirement for fair and just enquiry proceedings in cases of termination, ensuring the principles of natural justice are upheld.
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