STATE OF GUJARAT Vs. DEVALKUMAR JASHUBHAI PATEL

JUDGEMENT

(1.) The present appeal is directed against the order dtd. 21/9/2022, whereby learned Single Judge has allowed the petition filed by the respondent - original petitioner.

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

(3.) It is the case of the petitioner that he was appointed pursuant to the advertisement published in December, 2022 for the recruitment of Staff Nurse (Class-III), wherein the petitioner participated in the said recruitment process and he was selected and, thereafter, appointed on 04. 09.2021 as per the policy of the State Government initially for a period of five years on fixed pay basis, copy of appointment order is placed on record at Page No.15 of the compilation. It is the further case of the petitioner that FIR being C.R. No.11209041211735/2021 came to be registered with Prantij Police Station, Sabarkantha against the petitioner for the alleged offences punishable under Ss. 406, 420 etc. of the IPC . It is further stated that because of the registration of the FIR against the petitioner, his services came to be terminated even without issuance of show cause notice on 7/4/2022, copy of termination order is placed on record at Page No.59 of the compilation. The petitioner, therefore, filed captioned petition before this Court and the learned Single Judge, vide impugned order dtd. 21/9/2022, allowed the said petition and, therefore, the original respondents - appellants herein have preferred the present appeal.