CHAMPAK CHIMANLAL MORAKHIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed praying for the following reliefs:

(2.) The brief facts leading to filing of this petition are such that the petitioner was appointed as Junior Clerk on 1/9/1982 and worked as such upto 30/6/1987 in Technical Education Department, Old Sachivalaya, Gandhinagar. Thereafter, upon his selection through the GPSC as Taluka Development Officer (TDO for short), he had taken probationery training from 2/7/1987 to 30/6/1988 as directly recruited TDO. He worked at different places as TDO at different places from 2/7/1988 to 22/9/1999. Thereafter, on 21/9/1999, he was dismissed from service as per the order of the Panchayat and Rural Housing Department, Gujarat State, Gandhinagar. Against the order of dismissal, the petitioner preferred appeal dtd. 5/11/1999 and 23/1/2001 to the Principal Secretary to Hon'ble Chief Minister. As the appeal was pending for very long time, the petitioner preferred Special Civil Application No.10117 of 2003 challenging the dismissal order dtd. 21/9/1999. The said petition was disposed of vide order dtd. 18/7/2003 directing the appellate authority to decide the pending appeal. Thereafter, the petitioner again made a representation on 17/5/2004 to the respondent authority to reconsider and review the punishment of dismissal. As nothing proceeded further, the petitioner again made a representation dtd. 19/10/2010 as a reminder to the previous representations. Finally, vide order dtd. 9/3/2011, the representations were rejected. Therefore, the petitioner filed this petition challenging the order of dismissal dtd. 12/9/1999, the order of appellate authority dtd. 23/3/2004 and refusal of the respondent authority to review his punishment of dismissal.

(3.) Heard learned advocate Mr.Vyas for the petitioner and learned APP Ms.Ashar for the respondent- state.