C/SCA/7902/2025 ORDER DATED: 19/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7902 of 2025 ========================================================== ANWARUL MOHAMMAD HASHIM HAQUE Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR. EKRAMA H QURESHI(7000) for the Petitioner(s) No. 1 MR ADITYA PATHAK, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 19/06/2025 ORAL ORDER 1. Heard learned advocate Mr.Ekrama Qureshi appearing on behalf of the petitioner and learned Assistant Government Pleader Mr.Aditya Pathak appearing on behalf of the respondent – State. 2. By way of this petition, the petitioner has challenged a communication dated 30.05.2025 whereby the respondent no.3 has forwarded a communication to the petitioner of the respondent no.2 herein whereby the respondent no.2 has inter alia called upon the respondent no.3 to take appropriate steps including terminating the ad-hoc services of the petitioner on the ground of the alleged inefficient performance of the petitioner for the year 2023-24. Page 1 of 4 C/SCA/7902/2025 ORDER DATED: 19/06/2025 3. Considering the submissions made by learned advocate Mr.Qureshi and having perused the documents on record, it would appear that the prayer of the petitioner is for giving a fair opportunity to the petitioner. 3.1. To this Court, it would appear that considering the fact that the petitioner has put-in around 33 years of service, further adequate protection would also require to be accorded to the petitioner. The reason for such indulgence by this Court being as noted in order dated 16.06.2025 is that prima facie when an employee has worked for 33 years without any allegation of inefficient performance, he would not become inefficient overnight. Further, prima facie to this Court, it would appear that having worked for more than three decades, the services of the petitioner could not be simply done away with without following any procedure as laid down in the extant statute i.e. the Gujarat Civil Services (Discipline And Appeal) Rules, 1971. 3.2. While the above may be the defense which could be taken by the petitioner, yet, the above observations are made just to bring to the notice of the respondent authorities the C/SCA/7902/2025 ORDER DATED: 19/06/2025 position of law as regards the issue in question. 4. In view of the above observations, to this Court, it would appear that the following directions, at this stage, would meet with the ends of justice:- (i) The respondents i.e. respondent no.3 and, if required, respondent no.2 shall, before taking any final decision as regards the show cause notice issued to the petitioner dated 30.05.2025 and 20.05.2025, afford an appropriate opportunity to the petitioner including liberty of making appropriate oral / written representation. (ii) In case of any adverse orders being passed pursuant to the show cause notices referred to hereinabove, the respondents shall not implement the same for a period of thirty (30) days from the date it is service upon the petitioner. (iii) It is clarified that the above procedure is one which is contemplated by the State Authorities and whereas, this Court directing the State to provide appropriate opportunity to the petitioner shall not be treated as this Court having observed anything as regards the validity of the procedure which is adopted. Page 3 of 4 C/SCA/7902/2025 ORDER DATED: 19/06/2025 5. With the above observations and directions, the present petition stands disposed of as partly allowed. Direct service is permitted. (NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 19/06/2025 15:01:23