LPA/687/1995 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 687 of 1995 In SPECIAL CIVIL APPLICATION No. 7896 of 1994 With LETTERS PATENT APPEAL No. 717 of 1995 In SPECIAL CIVIL APPLICATION No. 7812 of 1994 With CIVIL APPLICATION No. 1859 of 1995 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT & HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to civil judge ? ========================================================= STATE OF GUJARAT - Appellant(s) Versus SARVIYA PANKAJKUMAR MANGALJIBHAI & 3 - Respondent(s) ========================================================= Appearance : MS ML SHAH AGP for Appellant-State {MRS DT SHAH} for Respondent(s) : 1, NOTICE SERVED for Respondent(s) : 2 - 4. ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER 23rd April, 2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) LPA/687/1995 2/3 JUDGMENT These Appeals preferred under Clause 15 of the Letters Patent by the State Government, arise from the Orders dated 12th July, 1995 made by the learned Single Judge in the above writ petitions. By impugned orders, the State Government was allowed time to file counter to the writ petitions on condition that the State Government paid cost of Rs. 1,000/=. Further direction was issued against the State Government to hold inquiry against the erring officer and to recover the amount of cost from such officer. It appears that in the above writ petitions filed by the employees of the District Panchayat, reliefs are claimed essentially against the District Panchayat, Bhavnagar and not against the State Government. The State Government is a formal party. Nevertheless, not only the State Government is condemned for not filing the counter affidavit in time, is also saddled with the liability to pay cost and a mandatory direction has been issued to the State Government to conduct inquiry against the erring officer. Considering that no relief is claimed against the State Government, none of the aforesaid directions issued against the State Government is LPA/687/1995 3/3 JUDGMENT warranted. In above view of the matter, we allow these Appeals in so far as the directions are issued against the appellant-State Government. The directions issued to the State Government by impugned orders dated 12th July, 1995 are quashed and set- aside. The parties will bear their own cost. Civil Application stands disposed of. Interim relief, if any, stands vacated. Registry will maintain copy of this judgment in each Appeal. {Ms. R.M Doshit, J.} {K.M Thaker, J.} Prakash*