(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The appellant has sought to challenge order dated 18.11.2011 of learned single Judge of this Court dismissing her petition and confirming the order of Gujarat Secondary Education Tribunal, whereby dismissal from service of the appellant's husband was upheld.
2. It was vehemently argued by learned counsel Mr.B.S.Patel that the Court had taken a superficial view of the matter in the impugned judgment and shifted the burden of disproving the alleged misconduct on the husband of the appellant. He submitted that various other aspects of disciplinary proceedings initiated against the appellant's husband were not considered and the petition was dismissed on the assumption that the appellant's husband was a government servant. It was also sought to be argued that, while considering the evidence against the delinquent, principal of the respondent school was one of the members of the committee and that amounted to a party being a judge in his own cause.
3. However, looking to the order dated 29.12.1997 of the Education Tribunal in Application No.57 of 1989, it clearly appears that the serious charge of carrying on other business was amply proved by cogent evidence and, therefore, while taking a very lenient view of the other serious charges levelled against the delinquent, the Tribunal had upheld dismissal of the appellant's husband after proper application of mind. Thereafter, challenge to that order before learned single Judge could only be on very limited grounds and apparently no ground was made out to exercise the extraordinary jurisdiction of the High Court, where neither any prejudice was shown to have been caused to the original delinquent on account of any alleged violation of principles of natural justice nor was the punishment found to be shockingly disproportionate to the charges held to have been proved. Under the circumstances, we do not find any reason to interfere with the impugned order of learned single Judge and hence, the appeal is dismissed in limine.
Sd/-
( D.H.Waghela, J.) Sd/-
( Mohinder Pal, J.) (KMG Thilake) Top