Case Law Details
Dineshbhai Dhudabhai Patel Vs State of Gujarat (Gujarat High Court)
Facts in brief would indicate that the petitioner was working as a Junior Clerk (Administration). Pursuant to a selection held by the Gujarat Panchayat Services Selection Board, he was engaged in a five years contract basis by an order dated 08.12.2011. A complaint was filed by Corporation Act for an allegation of the petitioner having accepted the bribe, the petitioner’s services pursuant to the complaint filed before the ACB were terminated by an order dated 29.07.2015. On an appeal filed by the petitioner against the order of termination from service, the District Development Officer on 27.04.2015 set aside the order of termination and directed the petitioner to be reinstated and his period of probation was extended for a period of one year. The petitioner was posted at Taluka Panchayat: Morbi.
In this case the order that has been passed terminating the services of the petitioner could not have been so passed on the allegation of misconduct without holding full scale inquiry.
Accordingly the order dated 14.09.2020 is quashed and set aside. The petitioner is directed to be reinstated on his original post. The petitioner shall continue to be on probation for a period of one year from the date of his reinstatement. The order of reinstatement shall be without consequential benefits. Notional pay may be fixed as if the petitioner was continued in service and as if the initial order dated 29.07.2015 and also the order dated 14.09.2020 was also not passed. However, it is clarified that in the event the respondents contemplating terminating services of the petitioner, the same shall be done only in accordance with law after holding an appropriate inquiry.
FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT
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