Gujarat High Court
Ashok Hiralal Parikh vs Senior Divisional Manager & ... on 30 June, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/MCA/2765/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR REVIEW) NO. 2765 of 2016
In SPECIAL CIVIL APPLICATION NO. 5665 of 1995
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ASHOK HIRALAL PARIKH....Applicant(s)
Versus
SENIOR DIVISIONAL MANAGER & 1....Opponent(s)
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Appearance:
TANNA ASSOCIATES, ADVOCATE for the Applicant(s) No. 1
MR PS PATEL, ADVOCATE for the Opponent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 30/06/2017
ORAL ORDER
This is an application at the instance of the original petitioner seeking review of the judgment and order passed by this Court dated 14th July 2016 in the Special Civil Application No.5665 of 1995.
The main matter was one challenging the order of termination from service as a Development Officer, Life Insurance Corporation of India, after a full-fledged departmental inquiry. In the judgment, this Court observed in paragraphs 21 and 26 as under :
"21. However, the Corporation received a jolt on account of the complaint referred to above. The case in hand is Page 1 of 3 HC-NIC Page 1 of 3 Created On Sun Aug 20 09:48:49 IST 2017 C/MCA/2765/2016 ORDER one of loss of confidence. Since the loss of confidence by the employer in the employee is a feature which certainly affects the character or reputation of the employee, the allegation of loss of confidence amounts to a stigma and, therefore, a regular departmental inquiry was initiated which ultimately resulted in the order of dismissal from the service.
26. When an employer loses his confidence on a person, no Court can compel such an employer to retain such an employee to the peril of its own business. The Court is not interested in the business of the employer. Therefore, even if a view is taken, the same can be different from the view that might be taken by the employer. It is the employer who is interested in its own business. He has different way of looking with which this Court should not interfere. In such circumstances, if the employer found that it cannot retain a person because it has lost his confidence on him, the Court should not compel him to retain such a person."
The review is prayed for on the ground that there is an error apparent on the face of the judgment. According to Mr.Tanna, the learned senior counsel appearing for the applicant, the principle of 'loss of confidence' has no application to the facts of the main matter. According to Mr.Tanna, the principle of 'loss of confidence' does not apply in the departmental inquiries. The principle of 'loss of confidence' in normal circumstances is applicable in orders which are non- punitive. The second grievance voiced by Mr.Tanna is that the court has, on its own, discussed few judgments of the Supreme Page 2 of 3 HC-NIC Page 2 of 3 Created On Sun Aug 20 09:48:49 IST 2017 C/MCA/2765/2016 ORDER Court without giving any opportunity to meet with the same.
Having heard the learned counsel appearing for the parties and having considered the judgment rendered by this Court, I am of the view that there is no palpable error as such warranting any interference in the exercise of review jurisdiction of this Court. If the applicant is dissatisfied in any manner with the judgment and order passed by this Court, then he should file an appeal before the Division Bench.
This application, therefore, fails and is hereby rejected.
(J.B.PARDIWALA, J.) MOIN Page 3 of 3 HC-NIC Page 3 of 3 Created On Sun Aug 20 09:48:49 IST 2017