LAWS(GJH)-2023-5-475

STATE OF GUJARAT Vs. SANJAYBHAI ISHWARBHAI DESAI

Decided On May 02, 2023
STATE OF GUJARAT Appellant
V/S
Sanjaybhai Ishwarbhai Desai Respondents

JUDGEMENT

(1.) The present appeal is directed against the order dtd. 19/4/2022, whereby learned Single Judge has allowed the petition filed by the respondent - original petitioner and directed the present appellants - original resopndents to reinstate the petitioner.

(2.) Heard learned AGP Mr. Kurven Desai for the appellants, learned advocate, Mr. Jit P. Patel for the respondent.

(3.) Learned AGP Mr. Desai submitted that the petitioner was appointed on the post of Deputy Mamlatdar (Class-III) vide order dtd. 25/5/2015 on certain terms and conditions, copy of said order is placed on record at Page No.24 of the compilation. It is further submitted that the services of the petitioner came to be terminated on 15/6/2020 on the ground that FIR came to be registered against the petitioner under the Prevention of Corruption Act , copy of said order is placed on record at Page No.20 of the compilation. It is submitted that the services of the petitioner came to be terminated relying upon Condition No.14(A) of the appointment order and, therefore, the original respondents have not committed any illegality while passing an order of termination, inspite of that, learned Single Judge has quashed and set aside the order and thereby allowed the petition filed by the original petitioner.