SURESHBHAI VEJABHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition preferred under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order dtd. 25/8/2020, whereby the services of the petitioner came to be terminated. The petitioner has also prayed for reinstatement with continuity in service and consequential benefits with back wages.

(2.) It is the case of the petitioner that he has been working with the respondent since almost 15 years and has been unceremoniously removed from service on the ground that the petitioner has not cleared the CCC exam.

(3.) It is submitted that on having satisfactorily rendering the service, the petitioner has been granted the status of a permanent employee as Junior Clerk and, therefore, in any case if the services of the petitioner are required to be terminated, the respondents have to strictly follow the provisions of the Gujarat Panchayats Service (Discipline and Appeal) Rules. However, in the present case, the same has not been followed, and straightway, without issuing the notice or conducting departmental proceedings, the services of the petitioner are terminated.