BHARATKUMAR RAMESHBHAI GARASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. V.M. Damore, learned advocate appearing for the petitioner and Mr. Dipak Dave, learned advocate for the respondent Company.

(2.) By way of this petition, the petitioner, an Electrical Assistant who was terminated from his services has challenged the order of termination.

(3.) The facts in brief would indicate that the petitioner was appointed after his ITI training examination as an Electrical Assistant with the respondent Company on 14/7/2016. On 7/11/2019, a show-cause notice was issued to the petitioner to show cause as to why his appointment be not cancelled and his services be put to an end on account of the fact that it had come to the notice of the respondent Company that while filling in his form for candidature for appointment to the post of Electrical Assistant he had not correctly disclosed in the attestation form regarding his character and pending of criminal case against him in Vartej Police Station. In response to the show-cause notice, the petitioner's case was that since FIR was filed at Bhavnagar and had no relation to the case where the petitioner was residing at Dahod, bonafidely believing that it is not something which needs to be disclosed, the petitioner did not disclose pendency of the criminal case and answered the questions regarding pendency of any case in the court in the negative.