M.R.CALLA - (1.). This Letters Patent Appeal is directed against the judgment and order dated 16-8-1999 passed by the learned single Judge dismissing Special Civil Application No. 11218 of 1994. In fact the learned single Judge by his common order dated 16-8-1999 has decided two Special Civil Application; Special Civil Application No. 11218 of 1994 (reported in C. G. Sharma v. State, 2000 (2) GLR 1031) filed by the present appellant (Shri C. G. Sharma) and Special Civil Application No. 12454 of 1994 filed by Mr. K. H. Bhatt. The present Appeal is by Shri C. G. Sharma, who was petitioner in Special Civil Application No. 11218 of 1994.
(2.)The appellant herein i.e., original petitioner had joined the services in the High Court of Gujarat in August, 1977 as Junior Clerk. He was promoted as Assistant in the year 1986. The appellant claims that he had a clean service record and there was no adverse remarks in his annual confidential reports while he was on the establishment of the High Court staff. The appellant did his graduation in law after graduating in Commerce, The advertisement was issued by G.P.S.C. for recruitment to the post of Civil Judge (J.D.) and J.M.F.C., and other posts in the Judicial Services, he applied in response to this advertisement for the post of Civil Judge (J.D.) and J.M.F.C., appeared in the written test held by G.P.S.C., and thereafter, also appeared in the oral test. He was selected by G.P.S.C. for the said post and accordingly he was given appointment as Civil Judge (J.D.) and J.M.F.C. He took over the charge of the post on 29-6-1991 as Civil Judge (J.D.) and J.M.F.C. at Mehsana, which was his first posting. According to the appellant from 29-6-1991 onwards he worked at different places as under :-
- 29-6-1991 for a period of one and half months at Mehsana.

- He was then posted at Kheralu in Mehsana District where he took over on 26-8-1991 and worked at Kheralu upto 13-9-1992.

- He was then transferred from Kheralu to Vadnagar because there was a link Court at Vadnagar and Kheralu, but a decision was taken to separate Vadnagar Court, and therefore, with effect from 14-9-1992 he was transferred to Vadnagar Court and from 14-9-1992 to 31-5-1994 he worked at Vadnagar.

- Thereafter, he was posted as Civil Judge (J.D.) and J.M.F.C. at Dabhoi, District Baroda.
The petitioner claims that throughout the period of his working, as above, except for the remarks of little less disposal on civil side, his performance was adequate, rather good and his performance had never gone below adequate. However, he was told that he should have more disposal on civil side. Disposal on criminal side was quite large and so far as civil cases are concerned, it was less because there was separation of the Court, the Advocates on civil side were few, the pending matters were also few and owing to lack of rotation, the civil matters in more numbers could not be disposed of, despite the appellant's endeavour for reaching the maximum level. The appellant has given the summary of the intimation about his work as given to him by the High Court for the period upto December, 1991 to December, 1993 as under :- JUDGEMENT_2319_GLR3_2001Html1.htm He has also given the summary of the remarks of the concerned District Judge as under :- JUDGEMENT_2319_GLR3_2001Html2.htm Despite the appellant's good disposal on criminal side, because of the less disposal in civil side, his disposal could not be treated as very good or good, but it was graded as adequate and on that basis he was intimated the remarks about the less disposal in civil cases, that his disposal in civil cases was grossly poor and inadequate and the remark which remained against him was "poor disposal on the civil side" and the last intimation in this regard was dated 26-11-1993. He was further intimated on 21-1-1994 with the remark "poor in civil" and the same was reiterated for the period 1-4-1994 to 17-5-1994 on 12-9-1994. Letters dated 6-10-1992, 5-2-1993 and 13-9-1993 were sent to the appellant calling upon. him for improvement in future and the appellant submitted a representation dated 28-10-1993 pointing out the facts and explaining the various difficulties and hardships which he was required to face during this period for the purpose of disposal of the civil cases. An adverse remark was then intimated to him about his less disposal in civil cases on 2-5-1994, against which the appellant submitted representation on 26-6-1994 along with the statement of number of cases disposed of by him and the number of judgments delivered by him in civil cases. He had also stated in the petition that at the time when he took over the charge at Vadnagar, more than 300 cases pending at Kheralu were transferred to Vadnagar and upto 17-5-1994 while he was at Vadnagar he has disposed of majority of the cases and when he left the charge at Vadnagar there were hardly 24 cases of civil nature, which were pending. In para 12 of the Special Civil Application he had given his detailed reasons and grounds with regard to the disposal in civil cases.
(3.)On 22-9-1994 his services were terminated by Notification dated 22-9-1994 stating that the services of the appellant, who was appointed on 7-6-1991, are hereby terminated.