ASHISHBHAI CHANDRAKANTBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the facts and circumstances of the case and having regard to the request and consent of the parties appearing through their learned advocates, the petition was taken up for final consideration.

(2.) The petitioner has prayed to set aside order dated 04th March, 2020 passed by respondent No.2-Under Secretary, Revenue Department. It is further prayed to set aside order dated 29th April, 2016 passed by Collector, Surendranagar. It is next prayed to reinstate the petitioner on the original post with all consequential benefits.

(3.) The petitioner was appointed as Clerk in the establishment of respondent No.3-Collector. His appointment was for fixed period of five years. Having been initially appointed at the office of Mamlatdar, Chotila, he was transferred to Mamlatdar Office at Sayla. During that time, F.I.R. being C.R. No.2 of 2016 dated 14th March, 2016 came to be registered against the petitioner with Anti Corruption Bureau Police Station, Surendranagar in respect of the alleged offences under Sections 7 , 12 , 13(1)(5) and 13(2) of the Prevention of Corruption Act, 1988. In the said F.I.R., the complainant had stated that in the land of the complainant, as there was no irrigation facility, he had applied for digging Well in his land by extending pipeline in his field from the adjoining land, application was made to the office of Mamlatdar. It was alleged that petitioner and one another person who was also accused, demanded Rs.25,000/- as bribe, out of which the deal was finally settled at Rs.20,000/-. It was alleged that both in collusion were to receive the illegal gratification when the raid was arranged. Initially bail application was rejected, but the High Court granted bail to the accused persons.