GIRISHKUMAR M DWIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present writ petition, the petitioner has prayed for quashing and setting aside dismissal order dated 16.05.2005 whereby dismissing the petitioner from service and the petitioner further prayed to direct the respondents to accept the voluntary retirement of the petitioner w.e.f. 31.07.1997 and consequentially direct the respondents to pay all the retirement benefits, including pension and all other consequential benefits to the petitioner.

(2.) The brief facts of the case culled out from the record of the petition are that the petitioner is holding Master Degree in Surgery (M.S.). He was appointed on 14.02.1977 as Medical Officer (Class-II) with respondent No.1 in the pay-scale of Rs.700-1300. By order dated 13.12.1977, the petitioner was posted as Medical Officer (Class-I) at Referral Hospital, Jambusar. As per the say of the petitioner, he was discharging his duties and functions as Medical Officer - Superintendent (Class-I) sincerely, honestly and faithfully and he had put in about 20 years clean and blotless service as a Medical Officer. The conditions of service of the petitioner are governed under the provisions of the Bombay Civil Services Rules, 1959.

(3.) On 07.10.1994 the petitioner had operated one Smt.Jayaben Ukabhai Baraiya for family planning operation, but due to some serious complications during operation, she expired and, therefore, Special (ACB) Case No.16/1997 was filed against the petitioner for the offences punishable under Section 304(A), 161, 165, 312, 315 of the Indian Penal Code, 1860 read with Sections 7 and 13 of the Prevention of Corruption Act, 1947, wherein, after holding trial, by judgment and order dated 28.01.2005 the petitioner was honourably acquitted.