IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12620 of 2018 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT ==========================================================

Approved for Reporting Yes No ✓

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MANSUKHBHAI BHUPATBHAI JADHAV Versus STATE OF GUJARAT & ORS.

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Appearance:

MR MEET A SHAH(9933) for the Petitioner(s) No. 1 MS. FORUM B. SUKHADWALA, AGP for the Respondent(s) No. 1 MR HS MUNSHAW(495) for the Respondent(s) No. 2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 09/02/2026

ORAL JUDGMENT

1. Rule returnable forthwith. Learned advocate for the respondents and learned AGP waive service of notice of rule on behalf of respective respondents. With consent of the parties, the matter is taken up for final hearing.

2. Heard Mr. Meet A. Shah, learned advocate for the petitioner, Mr. H.S. Munshaw, learned advocate for the respondent Nos.2 and 3 and Ms. Forum B. Sukhadwala, learned AGP for the respondent-State, at length.

3. The present writ petition is filed under Article 226 of the Constitution of India, inter alia, seeking following reliefs:

“(a) YOUR LORDSHIPS BE PLEASED to admit this petition;

(b) YOUR LORDSHIPS BE PLEASED to call for the records and proceedings of the impugned orders dated 16-03-2009, 12-10- 2009 and order dated 11-12-2017 at Ann. A, B and C and after perusing the same be pleased to quash and set aside the impugned orders dated 16-03-2009, 12-10-2009 and order dated 11-12-2017 at Ann. A, B and C passed by the respondent authorities declaring the order to be perverse, illegal and bad in law;

(c) YOUR LORDSHIPS FURTHER BE PLEASED to direct the respondent authorities to reinstate the petitioner along with continuity in service and backwages;

(d) YOUR LORDSHIPS BE PLEASED to stay the implementation and operation of the impugned dated 16-03- 2009, 12-10-2009 and order dated 11-12-2017 at Ann. A, B and C till the final disposal of this Petition and Further be pleased to direct the respondent authorities to reinstate the petitioner till the final decision of the present petition.

(e) YOUR LORDSHIPS BE PLEASED TO grant ad-interim relief in terms of Para 7 (d) till the final disposal of the petition;

(f) To pass any other appropriate and just order/s;”

4. SUBMISSIONS ON BEHALF OF THE PETITIONER:

4.1 Mr. Shah, learned advocate for the petitioner would submit that without holding departmental inquiry against the petitioner, the service of petitioner was terminated by respondent No. 3 on 16.03.2009. It is submitted that the petitioner was appointed as Panchayat Sahayak on 21.02.2004 and as per conditions, upon completion of five years of service on a fixed pay, the petitioner would get regular pay-scale. It is further submitted that the petitioner was served with the charge-sheet on 15.11.2008 and before he could respond to the charge-sheet, show- cause notice of termination came to be issued on 10.02.2009 and subsequently vides the impugned order dated 16.03.2009, the service was terminated.

4.2 Mr. Shah, learned advocate, would further submit that the impugned order was passed in violation of the principles of natural justice, inasmuch as neither was departmental inquiry conducted nor was the petitioner afforded any opportunity to defend against the charge levelled against him.

4.3 Mr. Shah, learned advocate, would submit that as per the settled legal position of law, when the termination is ex-facie stigmatic, then irrespective of the nature of employment, i.e., permanent or contractual, it was incumbent upon the respondent to hold a departmental inquiry, and thereafter could have passed appropriate order. It is submitted that since the impugned order is in violation of principles of natural justice and not in consonance with law, the petitioner may be reinstated in service with all consequential benefits.

4.4 Mak