MAYANKKUMAR RUPSINH RAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP Ms. Suman Motla waives service of notice of rule on behalf of the respondent No.1.

(2.) At the outset, learned advocate Mr. Jit P. Patel for the petitioner has submitted that the issue is squarely covered by the decision of the Division Bench, vide order dtd. 24/7/2020 passed in Letters Patent Appeal No.1596 of 2019 and allied matters.

(3.) Learned advocate Mr. Patel has submitted that the petitioner was appointed by the order dtd. 20/5/2010 to the post of Talati, after undergoing necessary selection process for a period of 5 years in a fixed pay of Rs.4,500.00. It is submitted that the conditions attached to the said appointment reveal that if the petitioner completes satisfactory service period of 5 years, then he has to be placed in a regular pay scale. It is submitted thereafter, the petitioner has been terminated from the services by the order dtd. 1/5/2015 on the ground of misconduct. It is the case of the petitioner that no opportunity of hearing or notice has been issued to the petitioner before terminating his services. Learned advocate Mr. Patel has submitted that the petitioner has been terminated merely on the registration of an FIR under the provision of the Prevention of Corruption Act and no departmental inquiry has been held before terminating the service. It is submitted that the issue is squarely covered by the decision of the Division Bench, vide order dtd. 24/7/2020 passed in Letters Patent Appeal No.1596 of 2019, wherein, the Division Bench has held that before terminating the services of the employees like the present petitioner, who have been appointed for a period of 5 years, on a ground of misconduct, the respondent authority is required to hold that full scale held departmental inquiry. Learned advocate Mr. Patel has submitted that the petitioner had filed an appeal against the aforesaid order. The appellant authority has remanded the matter to the concerned respondent, thereafter, also the termination order, is maintained.