Synopsis

The respondent (original plaintiff), a former employee of the Gujarat State Co-operative Marketing Federation Ltd., was dismissed from service after a domestic inquiry in which he chose not to participate. He filed a civil suit seeking a declaration that the dismissal was illegal and void, and claimed reinstatement or, in the alternative, damages. The trial court held that the Federation was not an instrumentality of the State (and thus Article 311 did not apply), that it had no jurisdiction to order reinstatement, but nevertheless granted damages (Rs.66,700/- plus Rs.2,900/- per month) on the ground that there was a violation of natural justice due to non‑supply of certain documents. The High Court allowed the appeal, holding that: (i) the plaintiff had voluntarily chosen not to participate in the domestic inquiry without any valid reason; (ii) a delinquent who avoids participation cannot later complain of violation of natural justice; (iii) the trial court, having held that it had no jurisdiction to order reinstatement, could not grant the alternative relief of damages without deciding the validity of the dismissal on merits; (iv) the trial court exceeded its jurisdiction by re‑appreciating evidence as an appellate authority. The suit was dismissed.

Court: High Court of Gujarat at Ahmedabad

Coram: Honourable Mr. Justice J. C. Doshi

Date of Judgment: 21st April 2026

Citation: First Appeal No. 5275 of 1997 (unreported)

Core Law: Service law – validity of disciplinary proceedings, domestic inquiry, principles of natural justice, jurisdiction of civil court; Code of Civil Procedure, 1908 – Section 9; Specific Relief Act, 1963 – Section 34; Constitution of India, 1950 – Article 311

2. Legal Framework

Major laws and provisions involved

• Code of Civil Procedure, 1908 – Section 9 (jurisdiction of civil courts)

• Specific Relief Act, 1963 – Section 34 (declaration)

• Constitution of India, 1950 – Article 311 (protection to civil servants)

• Service law principles – domestic inquiry, principles of natural justice, alternative relief of damages

Key legal principles applied

No participation in domestic inquiry without valid reason – no complaint of natural justice violation: An employee who refuses to participate in a disciplinary inquiry and does not avail the opportunities provided cannot later complain that he was denied a reasonable opportunity of defending himself. The inquiry is not vitiated merely because the delinquent chose to stay away.

Civil court’s limited jurisdiction in service matters: If the employer is not a “State” within the meaning of Article 12 (or the employee is not a civil servant), the civil court has jurisdiction to examine the validity of termination, but its role is not that

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