CHAMAR BHARATKUMAR VENUBHAI Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) Present petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs:-

(2.) The case of the petitioner is that the petitioner was appointed and posted as Talati-cum-Mantri in Class-III on ad-hoc basis in Verabar, Taluka Idar, District Sabarkantha on 5.11.2014 on fixed pay scale of Rs.7800/- for a period of five years and after completion of ad-hoc period of 5 years, if his services are found to be satisfactory, then he would be appointed on permanent basis as Talati-cum-Mantri (Class-III). According to the petitioner, while he was discharging his duties as Talati-cum-Mantri on ad-hoc basis, a criminal complaint came to be instituted on 21.3.2018 against him for the offences punishable under Sections 7 , 13(1)(d) and 13(2) of the Prevention of Corruption Act, allegedly demanding a bribe of Rs.12,000/- for sanction of the benefits of Ambedkar Avaas Yojna Scheme which was meant for a weaker section of the society. On the basis of such criminal case, according to the petitioner, he was summarily dismissed from service vide order dated 25.4.2018 without holding any departmental inquiry or without serving any notice or giving any chance to make his representation. It is this dismissal/ removal order which is made the subject matter of the present petition before this Court by invoking the extraordinary jurisdiction.

(3.) It appears from the record that on 2.8.2018, the Court was pleased to admit the petition and later on, in view of the order which has been passed in Civil Application No.1 of 2019 for fixing date of hearing dated 2.7.2019, the matter has come up for consideration finally before this Court after few adjournments taken by learned advocates. It further appears that no reply is filed by the respondent authorities, though served upon them.