BHAVESHKUMAR RAMESHKUMAR KANARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner under Article 226 of the Constitution of India, in which, the petitioner has prayed that the order dtd. 3/4/2017 passed by the respondent no.4, by which the services of the petitioner is terminated, be quashed and set aside.

(2.) Heard learned advocate, Mr. Murali Devnani for the petitioner and learned AGP Mr. Rohan Shah for the respondents.

(3.) Learned advocate for the petitioner submitted that the petitioner was appointed on the post of Jail Sepoy with the respondent authority at Rajkot District Jail vide office order dtd. 5/3/2011 on certain terms and conditions on contractual basis for a period of five years on fixed pay of Rs.3,500.00 p.m. It is further submitted that an FIR being C.R. No.1/2015 was registered against the petitioner under the provision of the Prevention of Corruption Act with Rajkot Rural ACB Police Station against the petitioner and in connection with the said FIR, the petitioner was arrested. It is further submitted that because of the registration of the aforesaid FIR against the petitioner, the service of the petitioner was terminated without following due procedure of law and, therefore, the petitioner filed writ petition being Special Civil Application No.19085/2016 before this Court. Learned advocate has pointed out from the record that this Court allowed the said petition vide order dtd. 15/11/2016 and thereby quashed and set aside the order dtd. 17/1/2015 passed by the concerned respondent authority, however, liberty was reserved to the concerned respondent to initiate appropriate proceeding in accordance with law, copy of said order is placed on record at Page No.35 of the compilation. Learned advocate further submits that thereafter the concerned respondent issued show cause notice dtd. 21/3/2017 to the petitioner, to which, the petitioner submitted his reply on 27/3/2017 and, thereafter by way of impugned order dtd. 3/4/2017, without holding any departmental inquiry, the service of the petitioner has been terminated relying upon the terms and conditions of the order of appointment and, therefore, the petitioner has filed the present petition.