GIRISHBHAI R PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Gujarat State Land Development Corporation Limited (hereinafter referred to as "the Corporation" for short) is permitted to be joined as respondent no.3 vide a separate order, which is passed in Civil Application No.2746 of 2003. Mr.Munshaw is appearing for the newly added party, and, therefore, the name of Mr.Munshaw is to be shown as the learned advocate appearing for respondent No.3.

(2.) By filing this petition, the petitioner has challenged the order passed by respondent No.1 - State Government dated 9/11/2002, by which, the petitioner is removed from the post of Campus Director of respondent No.2 University. By the impugned order, the petitioner is removed from the aforesaid post on the ground that, at the time of getting the employment, the petitioner has given undertaking on 21/4/2001 wherein he has stated that he is neither under the Government employment nor under the employment of Semi Government institution and, subsequently, it has come to the notice of the Government that the petitioner was in the employment of the Corporation and that he continued in the said employment, as, his resignation was not accepted by the earlier employer, i.e. Corporation. According to the State, since the petitioner has not informed the State Government that his resignation was not accepted by his earlier employer and even though, he was aware of the said fact, yet, he failed to bring the said fact to the notice of the State and under the circumstances, he is required to be removed from the aforesaid post. The petitioner has challenged the aforesaid order on various grounds.

(3.) It is not in dispute that so far as the post of Campus Director of the Gujarat Agricultural University is concerned, the State is empowered to make such appointment and accordingly, the petitioner was appointed on the said post by order dated 21/4/2001. The petitioner continued on the said post for sometime. However, thereafter, by the impugned order dated 9/11/2002, he was removed from the said post on the ground narrated hereinabove.