RABARA NILESH DAVASHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition, the petitioner has challenged the office order dated 30-9-2002, by which it is decided to terminate his services as an ad-hoc employee and consequential order dated 3-10-2002 by which his services have been terminated. Both these orders are annexed at Annexure-C, collectively.

(2.) The facts leading to the present controversy are as under :

(3.) The petitioner was initially appointed as a Lecturer in Electrical Engineering Branch in Government Engineering College, Bhuj on ad-hoc basis. The appointment order was issued by the State of Gujarat in the name of the Governor. As per the aforesaid appointment order, which is at page 9, Annexure-A, the petitioner was initially appointed for 11 months or till the candidate selected through GPSC is available, whichever is earlier. Subsequently, the services of the petitioner were extended and continued from time to time. The department invited applications for ad hoc appointments and the petitioner had applied for the same on the basis of the advertisement and he was selected by the committee. But as stated earlier, his appointment was on ad hoc basis, till GPSC selected candidate is available. Subsequently, by an order dated 30th September, 2002, the Director of Technical Education terminated the services of the petitioner on the ground that in view of the letter dated 6-8-2002 issued by the Director of Anti Corruption Branch, wherein it is stated that the petitioner was found to have accepted illegal gratification of Rs.10,000.00 and he was caught red-handed, it is clear that he has misused the position as a public servant and in view of such type of activity, his services as ad hoc employee are terminated by resorting to Clause-(4) of the appointment order. In view of the aforesaid termination order passed by the Director of Technical Education, the petitioner was relieved from the services by an order dated 3-10-2002 of the Principal of the Institution. It is this order of termination, which is under challenge at the instance of the petitioner in this Special Civil Application.