RAMANBHAI ASHABHAI PATEL Vs. DISTRICT DIVISION OFFICER KHEDA

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India the petitioner has challenged the legality and validity of the order of his removal from service as Gram Sevak dated 3rd of November, 1976, passed by Deputy District Development Officer as well as the order in Appeal passed by District Development Officer dated 15th of June, 1977, confirming the order of Deputy District Development Officer and also the order in revision passed by the Gujarat Civil Services Tribunal dated 12th January, 1978. In substance, the petitioner has challenged the order of his removal from service as Gram Sevak.

(2.) In order to properly appreciate the challenge to the aforesaid orders, it would be necessary to set out the relevant facts hereunder:

(3.) The petitioner joined in the service in the erstwhile State of Bombay as Gram Sevak in 1960. On completion of training is clear from the order at Annexure-B dated 30th March, 1960. Rejoined in the service on 7th April, 1960. He was chargesheeted on 6th November, 1975 by the Deputy District Development Officer, District Kheda, while he was working as Gram Sevak inkhakahar, taluka Khambhat. It is not necessary to go into the nature of charges levelled against him, but is would be necessary only to state that the charges related to his unauthorised absence from duty for a period of five days and his remaining on leave without prior sanction. In the departmental enquiry, which was conducted into the aforesaid charges, the petitioner was removed from serevices vide order dated 3rd of November, 1976. The said order of removal was passed by the Deputy District Development Officer, Kheda District Panchayat, Nadiad. The petitioner preferred an Apeeal to the District Development Officer and the samed was dismissed and further appeal to the Tribunal was also dismissed on 12th January, 1978. The petitioner has, therefore, preferred this petition under Article 227 of the Constitution of India.