MUSTAFAKHAN AJIMKHAN MAKRANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed by the petitioner praying that the order dated 21.03.2017 passed by the disciplinary authority and confirmed in appeal by the State vide order dated 28.12.2017 removing the petitioner from service be quashed and set aside.

(2.) The facts are as under:

(3.) Mr. G.M. Joshi, learned advocate appearing on behalf of the petitioner has challenged these orders on various grounds. Primarily, Mr. Joshi has contended that there was no dishonesty demonstrated by the delinquent or any attempt to mislead the selection committee. He was holding a qualification equivalent to that of graduation. There was no suppression of material fact so as to warrant disciplinary action. He has strongly relied on the case of Mr. H.S. Rabari, who was though so charged, exonerated in the inquiry and after his case was taken up in review, his services were terminated.