Decided on October 10,2016

Yasminben S Halani Appellant


- (1.) By this writ application under Article 226 of the Constitution of India, the writ applicant, a dismissed 'Deputy Charity Commissioner', has prayed for the following reliefs: "9 A. Your Lordship be please to admit the present petition. B. Your Lordships be pleased to issue a writ of mandamus or any other appropriate writ in the nature of mandamus to quash and set aside the order dated 9th November 2015 being order No.KH TA PA/E C O/ 102010/43/1104/E passed by the respondent No.2 dismissing the present petitioner from the service and to reinstate the petitioner in service along with all the consequential benefits. C. Your Lordships be please to declare and hold that the enquiry held against the present petitioner is illegal arbitrary and to quash and set aside the enquiry report with suffers serious illegality. D. Pending hearing and final disposal of the present petition the order dated 9th November 2015 being order no.KH TA PA/E C O/ 102010/43/1104/E passed by the respondent No.2 be stayed till the matter has finally decided. E. Your Lordship be please to pass such other and further orders as necessary as may Lords deems fit in the interest of justice."
(2.) It appears from the materials on record that while the writ applicant was serving as the 'Deputy Charity Commissioner' at Bhuj, a departmental chargesheet dated 21st July 2014 was served upon her containing the charge that the writ applicant had undertaken inspection of Shri Gorasia Education Society situated at Haripar, Bhuj, on 27th July 2010 and in the course of the inspection, the writ applicant noticed various illegalities and irregularities in the functioning of the Trust. Although such illegalities and irregularities were noticed, yet the writ applicant failed to initiate appropriate proceedings in that regard against the Society in accordance with law. On the contrary as alleged, the writ applicant gave certain suggestions to the Society so that the illegalities and irregularities could be covered up.
(3.) The writ applicant filed her detailed statement of defence dated 2nd August 2014 denying all the allegations.;

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