DEPUTY DISTRICT DEVELOPMENT OFFICER Vs. VIRENDRASINH HALUBHA VAGHELA

JUDGEMENT

(1.) This appeal is filed under Clause 15 of the Letters Patent against the order dtd. 19/9/2022 rendered by the learned Single Judge in Special Civil Application No.3275 of 2021, whereby the learned Single Judge has allowed the petition filed by the present respondent No.1 - original petitioner.

(2.) Heard learned advocate Mr. Siraj Gori for the appellant - original respondent No.2

(3.) Learned advocate Mr. Gori appearing for the appellant submitted that the original petitioner was appointed as Assistant Talati-cum-Mantri, Class-III by an order dtd. 12/2/2015. He was appointed on contractual basis on a fixed pay for a period of 5 years. Thereafter, FIR being C.R.No.I-1 of 2018 came to be registered against him for the alleged offence punishable under Ss. 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act. The said FIR was registered on 12/2/2018. Because of the registration of the said FIR, the present appellant issued a show cause notice to the original petitioner to which he submitted his reply. After considering the reply of the petitioner, his services were terminated on 24/5/2018. It is submitted that against the said order of termination of the services of the petitioner, he preferred caption petition before this Court. The learned Single Judge, vide impugned order dtd. 19/9/2022, allowed the petition filed by the petitioner and thereby quashed and set aside the order of termination. The learned Single Judge further directed the present appellant to reinstate the petitioner on same terms and condition on which he was initially appointed. The appellant has, therefore, filed the present appeal.