K J FULETRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Honesty ability and fearlessness are the qualities in a public servant which illuminate public cause attached with the public employment. This is the matter where such qualities appear to have been overlooked while terminating the services of the petitioner who has approached this Court under Article 226 of the Constitution of India against such termination. FACTS IN BRIEF 1 Applications for the post of Depot Manager Class-II on ad-hoc basis in the pay-scale of Rs.650-1200 were invited by issuing advertisement in Gujarat Samachar dated 29/7/1986 and the petitioner offered himself as one of the candidates for the said post and was called for interview on 4/10/1986. Coming out with flying colours in the interview he came to be appointed as Depot Manager as per order dated 27/1/1987 according to which the petitioner was appointed in the post of Depot Manager (Class-II) in the scale of Rs.650-1200 for a period of one year or till the time candidate selected by Public Service Commission is available whichever is earlier on ad-hoc basis.

(2.) Pursuant to the aforesaid order the petitioner joined service on 16/2/1987 and he was allotted a Government quarter as per allotment order dated 25/1/1986. During the tenure of petitioner as a Depot Manager he was sent on various trainings as particularised in para. 3.2 of the petition and he was granted all the increments due as particularised in para. 3.3 of the petition. The petitioner was also appointed as Member Secretary in a Committee constituted for the purpose of Write Off of medicines expiry date of which have passed at Central Medical Stores Organisation and the petitioner was much helpful in this regard. The petitioner also found out grave irregularities committed by M/s. Poonam International Ahmedabad and M/s. Prayas Pharmaceuticals Wadhwan City in the matter of supply of drugs worth Rs.70 lacs and due to the sincere efforts made by the petitioner the Government could recover Rs.1 lacs which otherwise would have been lost by the Government. The said firms were also debarred form doing business with Central Medical Stores Organisation for 3 years.

(3.) The Director C.M.S.O. directed the petitioner to inspect the stores of Civil Hospital to find out the irregularities in respect of purchase of drugs etc. In this connection the Director wrote a letter to the Medical Superintendent New Civil Hospital Ahmedabad. The petitioner carried out the inspection and submitted his report on 18/5/1990 in respect of the irregularities committed by the Hospital authorities. As per information available to the petitioner the Government called for he explanation of the Superintendent of the Civil Hospital regarding such irregularition.