PATEL KANTILAL AMBALAL Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) The petitioner had applied for the post of Assistant Inspector of Motor Vehicles and he was selected for the appointment by the Gujarat Public Service Commission in pursuance of the interview letter dated th July 1980 and that letter required the petitioner to bring the original certificates at the time of the interview and one of them was Diploma in Automobile Engineering/Certificate in Automobile Engineering/National Apprenticeship certificate. The petitioner had produced the certificate in Diploma in Engineering warded to him by the Standard Institute of Automobile Engineering Baroda. The petitioner had also-produced the certificate of having undergone a training course as craft instructor in the trade of Motor mechanic from the National Council for Training in vocational trades. On the basis of these certificates and the interview he was selected and appointed as Assistant Motor Vehicle Inspector on probation.

(2.) It appears that on some application and allegation that the petitioner had obtained the appointment by producing bogus certificates. Some inquiry was directed to be made and the Chief Inspector of C.I.D. Crimes Gujarat had made a report to the State Government on 3.9.84 (Annexure G). In that report in paras 3 and 4 it is found as follows:

(3.) Inspite of the above after about 7 years by an order dated 17.8.91 Annexure H to the petition the petitioners service came to be terminated. The order states that unless his probationary appointment is confirmed in writing the period of probation is deemed to have been extended automtaically and since the petitioner has not been informed in writing about the completion of his period of probation the same stood extended. It is further stated that it had-come to the notice that the petitioner was not possessing required educational qualifications at the time of his selection and appointment and therefore his probation is not treated as having been completed and his service were terminated with immediate effect under section 33(A) of the Bombay Civil Service Rules by tendering one months pay as notice pay.