HITESH BABULAL RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, communication dtd. 30/3/2020 passed by the District Panchayat, Ahmedabad, is under challenge, by which, the petitioner was not permitted to resume his duties as Talati-cum-Mantri on the ground that a criminal case against him under the Dowry Prohibition Act is pending trial.

(2.) The case of the petitioner is that he was appointed on a contractual basis as Talati-cum-Mantri with the respondent Panchayat by an order dtd. 10/4/2017. His tenure of appointment was for a period of 5 years. During the course of his engagement, his wife committed suicide on 27/7/2019, as a result of which, the father of his wife lodged a criminal complaint against him being FIR bearing C.R.No.I- 176 of 2019 with the Chandkheda Police Station under Ss. 498A , 306 and 114 of the Indian Penal code read with Ss. 3 and 7 of the Dowry Prohibition Act. The petitioner was in judicial custody from 3/8/2019 till he was released on bail on 27/1/2020. The case of the petitioner is that without the criminal case being finally adjudicated, the petitioner could not have been prevented from joining his duties as Talati-cum-Mantri.

(3.) Reliance is placed by Ms.Meena Vyas learned advocate for the petitioner on a decision rendered by this Court in Special Civil Application No.7166 of 2019 wherein, this Court has referred to the decision of the Division Bench in case of State of Gujarat v. Chetan Rajgor and another decision in case of State of Gujarat v. Rahul Vank , wherein the Division Bench of this Court has held that in cases where termination of a contractual employee is on the ground of filing of an FIR against him, unless and until a full scale inquiry is held against him, the same cannot result in termination without such inquiry.