(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The appellants have sought to challenge order dated 14th March 2012 of learned Single Judge of this Court, whereby substantial relief is granted to the petitioner on the basis of concessions made by learned counsel appearing on behalf of the parties. Admittedly, the impugned order was based on consensus, awarding all the due benefits to the appellants in view of peculiar facts and circumstances, including the fact that the employee had passed away and the matter was carried in the Court by his legal heirs including the widow.
However, learned counsel Ms. Bhatt submitted that the findings recorded in the departmental inquiry held against the original employee were required to be reviewed at this stage, practically for the purpose of coming to the conclusion that he did not deserve any adverse order at all. It would be improper and too late in the day, after the appellants have admittedly obtained the benefits on the basis of consent and consensus, to reopen the issue of legality or propriety of the order to recover an amount from the employee in view of the observation in the impugned order that the option of remanding the matter was not open and feasible in view of death of the employee. Therefore, the appeal is summarily dismissed.
[ D. H. Waghela, J. ] [ G. B. Shah, J. ] hiren Top