STATE OF GUJARAT Vs. RAKESH HARIBHAI CHAVDA

JUDGEMENT

(1.) By way of present Appeal under Clause-15 of the Letters Patent, the State of Gujarat has challenged the oral order dtd. 11/2/2022 passed by learned Single Judge in captioned writ petition by which the learned Single Judge has quashed and set aside the order dtd. 16/10/2020 by which the Appellate Authority has dismissed the services of the respondent on the ground that an FIR was lodged for the offences punishable under the Prevention of Corruption Act .

(2.) Learned Single Judge has relied upon the decision in another writ petition and observations made therein however, has observed that it would be open for the present appellant to proceed in accordance with law being such order against the employee.

(3.) Mr. Tirthraj Pandya, learned Asst. Government Pleader, would submit that the terms of appointment are of such nature that at any point of time, the services of the respondent can be terminated.