SHAILESHBHAI NATUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed with following prayers :.

(2.) At the outset, learned Advocate for the petitioner submitted that this Court has taken a view that where the employees are facing charges in corruption case, but no departmental inquiry is held in this regard, then the petitioner is required to be reinstated and only after procedure prescribed under the Gujarat Civil Service (Discipline and Appeal) Rules, 1971, order of termination can be imposed.

(3.) From the facts of the case, it appears that brief facts of this case are that during the duties of the petitioner as Talati Cum Mantri Dhamsiya Juth Gram Panchayat from five years' contractual based fixed salary of Panchayat Services, the complainant of this case Shri Vipinbhai Ganpatbhai Bhill aged 40 yrs, Business-Agriculture (Sarpanch), Residing at Ghodi Simal, Ta.-Nasvadi, Dist.-Chhotaudepur on 31/12/2019 at 13:05 to 14:00 hours lodged his complaint before N. L. Pandor, Police Inspector Chhotaudepur, A.C.B. Police Station Chhotaudepur that Talati Cum Mantri of Dhamsiya Gram Panchayat has been released on 31/12/2019. during his duty, Rs.53,730.00 were sanctioned for construction of soak pit and composite Dhamisa Gram Panchayat. Out of which the alleged has demanded Rs.2600.00 stating that my Rs.2500.00 to 2600/- are due to be received at the rate of 5% (five) and demanded total Rs.8600.00, Rs.6000.00 of two applicants at the rate of Rupees Three Thousand per one beneficiary for issuing certificate for the aid of house to the Schedule Tribe Development of the complainant. But as the complainant was not willing to give amount of the bribe, lodged complaint arriving and contacting at Chhotaudepur Police Station, on the basis of his complaint kept two government Panchas at opp. mauje Nasvadi, Vishramgruh (Rest-house), beside the public road, Shri Nakoda Parshwanath Tea Stall, by using audio record, arranged bribe trap, as the alleged of this case accepted Rs.8600.00, has to be received at the rate of 5% (five) from you. But he has been transferred therefore, he takes Rs.2000.00, stating such accepted Rs.2000.00 towards bribe, returned Rs.6600.00 to the complainant. Committed an offence on being caught the said amount Rs.2000.00 while receiving.