SURESHBHAIMANOHARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) Essentially, case of the petitioner is for the purpose of setting aside the order of the respondent-school authority which has ordered termination of the petitioner pursuant to the inquiry initiated for five charges of misconduct. It is brought on record that the petitioner has attained age of superannuation on 31/3/2018 and therefore, prayer of reinstatement to the post of junior clerk would not survive.

(3.) Learned Advocate for the petitioner submitted that though the respondent-school authority forwarded the proposal for sanction and its resolution to terminate, the State Government has refused to grant such sanction. In absence of sanction, it would not be open for the respondent-school authority to terminate services of the petitioner. Still, the respondent-school authority has proceeded to pass the impugned order.