COMMON CAV JUDGMENT

1. Heard, learned Advocate Mr. A.K. Clerk assisted by the learned Advocate Ms. G.R. Vijayalakshmi and the learned Senior Advocate Mr. Mihir Joshi assisted by the learned Advocate Mr. Dhaval D. Vyas for the Respondent - Kandla Port Trust (in brief ‘KPT’).

2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“7. …

A. Your Lordships may be pleased to admit and allow the present Petition.

B. Your Lordships may be pleased to quash and set aside the impugned Order of Suspension dated 15.06.2015 passed by the Dy. Chairman, KPT against the present Petitioner. “BB. YOUR LORDSHIPS may pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction to quash and set aside the proposed illegal and arbitrary order of removal from service passed during the pendency of Special Civil Application No.10925 of 2015, passed by the Chairman, Kandla Port Trust.

BBB YOUR LORDSHIPS may pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction to quash and set aside the order dated 14th February, 2017 No.: KPV/03-A/03-15/128 rejecting the plea made in the representation dated 17.01.2017; BBBB YOUR LORDSHIPS may be pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction to quash and set aside the Order No.KPV/01-A/04 -15/477 dated 6" Jul 2017 passed by the Chairman, Kandla Port Trust whereby the petitioner is ordered to be removed from service.

BBBBB YOUR LORDSHIPS may be pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction to quash and set aside the Articles of Charge contained in Memorandum No.KPV/01-A/04- 15/2227 dated 27" July 2015 issued by the Chairman, Kandla Port Trust as well as the Inquiry Report dated 24.11.2016 submitted by the Inquiry Officer.

BBBBBB. YOUR LORDSHIPS may be pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction to hold and declare that the Chairman, Kandla Port Trust has no power, authority or competence or jurisdiction to pass a second order of dismissal against the petitioner and further be pleased to quash and set aside the Order No.KPC/4082-Vig/1524 dated 14.09.2018 passed by the Chairman, Kandla Port Trust whereby the petitioner is ordered to be dismissed from service and further be pleased to quash and set aside the Articles of Charge contained in Memorandum No.KPC/4028-Vig/158 dated 18.02.2016 issued by the Chairman, Kandla Port Trust as well as the Inquiry Report dated 05.11.2016 submitted by the Inquiry Officer.

C. Your Lordships may be pleased to quash and set aside the five show Cause Notices (Memorandums) issued by the Respondent to the present Petitioner on 29.05.2015.

CC YOUR LORDSHIPS may pleased to stay and suspend the implementation, execution and operation of the proposed order of removal from service passed by the by the Chairman, Kandla Port Trust during the pendency and final disposal of Special Civil Application N-.10925 of 2015.

CCC YOUR LORDSHIPS may pleased to stay and suspend the implementation, execution and operation of the order dated 14th February, 2017 No.: KPV/03-A/03-15/128 rejecting the plea made in the representation dated 17.01.2017 during the pendency and final disposal of Special Civil Application No.10925 of 2015;

CCCC YOUR LORDSHIPS may be pleased to stay the operation _and implementation of the Order No.KPC/4082-Vig/1524 date 14.09.2018 passed by the Chairman, Kandla Port Trust and further restraining the respondent authorities from interfering with the discharge of duties by the petitioner as Trade Promotion & Public Relations Officer and Officer in charge — B.D.C.

CCCCC YOUR LORDSHIPS may be pleased to restrain the respondent authorities from passing any further order imposing any penalties and/or taking any punitive action against the petitioner pursuant to the enquiry reports submitted by the Inqu