IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 8270 of 2014

With R/SPECIAL CIVIL APPLICATION NO. 14010 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14093 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14194 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14226 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14227 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14228 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14229 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14268 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14279 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14291 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14292 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14293 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14294 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14295 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14296 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14297 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14298 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14299 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14300 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14301 of 2014

With R/SPECIAL CIVIL APPLICATION NO. 14302 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14303 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14304 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14305 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14306 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14307 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14308 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14391 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14392 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14414 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14415 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14416 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14417 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14418 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14419 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14420 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14421 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14422 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14423 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14424 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14425 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14426 of 2014

With

R/SPECIAL CIVIL APPLICATION NO. 14427 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14428 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14429 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14430 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14431 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14432 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14433 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14434 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14435 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14436 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14437 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14438 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14439 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14440 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14441 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14442 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14443 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14449 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14450 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14451 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14452 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14453 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14454 of 2014

With R/SPECIAL CIVIL APPLICATION NO. 14455 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14483 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14515 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14517 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14518 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14519 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14547 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14566 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14567 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14568 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14569 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14570 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14571 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14572 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14573 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14575 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14576 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14577 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14607 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14608 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14609 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14610 of 2014

With

C/SCA/8270/2014 ORDER

R/SPECIAL CIVIL APPLICATION NO. 14612 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14613 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 14614 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 15793 of 2014 With R/SPECIAL CIVIL APPLICATION NO. 16290 of 2014 ========================================================== PATEL KIRITKUMAR KANTILAL Versus STATE OF GUJARAT ========================================================== Appearance: MR NIRAV C THAKKAR(2206) for the PETITIONER(s) No. 1 MR MANAN MEHTA ASSTT. GOVERNMENT PLEADER(1) for the RESPONDENT(s) No. 1 MR HS MUNSHAW(495) for the RESPONDENT(s) No. 2 ==========================================================

CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA

Date : 10/08/2018

ORAL ORDER

In this group matters when the argument was about to be concluded, in a rejoinder by learned Asstt. Government Pleader, Shri Manan Mehta, on instructions, has stated that the confidential report of the committee on the basis of which the show cause notices were given and thereafter the impugned order of termination have been issued, he would like to file the affidavit explaining the grounds or the basis on which such action was taken. This has been strongly opposed by learned Senior counsels Shri Shalin Mehta, appearing with learned advocate Shri Hemang Shah as well as learned advocate Shri Kaushik Pujara and other advocates stating that it is not justified and that they have objections. Further, learned advocate Shri Pujara has referred to the judgment of the Hon'ble the Apex Court Mahipal Singh Tomar Vs State of Uttar Pradesh and Ors (2013) 16SCC 771 and pointedly referred to the observations in para 13 to support his contentions that it should not be permitted at this stage and the time may not be granted as requested. The request made at the later stage when the arguments were about to be concluded may not be justified.

2. However, in the interest of justice and in order to provide opportunity to the State also to have the stand of the Government on affidavit which necessitated this action, it would be appropriate that a chance may be granted.

3. In the circumstances, therefore, by way of indulgence the matters are adjourned with a direction that learned Asstt. Government Pleader may file affidavit on oath with regard to the contents of the report and about whatever the stand the State desires to take. Further the copy of the affidavit may be served to learned counsels appearing for the petitioners in advance by atleast a week. Therefore, it would leave sufficient time to enable them to make submissions with regard to the contentions raised in the affidavit. Therefore, the matter is adjourned finally to 4.9.2018 at 2:30 pm.

4. As the matters have been heard substantially they may be treated as part heard. Registry may place it before the Hon'ble Chief Justice for appropriate orders.

(RAJESH H.SHUKLA, J)

MARY