JALPA NATHUBHAI GORIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Jal Unwala, learned senior counsel assisted by Mr. Anup S. Bhavsar, learned advocate for the petitioner and Mr. Kurven Desai, learned Assistant Government Pleader for the respondents through Video Conferencing.

(2.) In this petition, under Article 226 of the Constitution of India, the challenge is to the order dtd. 21/1/2019 passed by the respondent No. 2 by which the services of the petitioner who was working as Sub Registrar, Grade-II Class-III have been terminated. The petitioner was appointed on Fixed Term Basis by an order dtd. 17/12/2013. On an allegation that the petitioner had demanded Rs.2,50,000.00 from one Rajendrasinh Babusinh Chauhan, an FIR came to be lodged being FIR No. 15 of 2018 with the ACB police station, Gandhinagar under the provisions of Prevention of Corruption Act, 1988. Based on this FIR, the order of termination has been passed.

(3.) Mr. Jal Unwala, learned Senior Counsel would submit that the issue is covered by the decision of the Division Bench of this Court in LPA No. 1596 of 2019 dtd. 24/7/2020 which has been followed by this Court in SCA No. 22618 of 2019. Relevant paragraph Nos. 5 to 18 of LPA No. 1596/2019 dtd. 24/7/2020 are reproduced hereunder: