DHAVALKUMAR RAVJIBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned senior advocate Mr.Yatin Oza with learned advocate Mr.Jit Patel for the petitioner and learned Assistant Government Pleader Mr.Krutik Parikh for the respondents.

(2.) The challenge in this petition, filed under Article 226 of the Constitution, is directed against order dated 29th July, 2016 passed by respondent No.2 - Commissioner of Transport terminating the services of the petitioner. It is prayed to set aside the said order and to further direct the respondents to reinstate the petitioner on his post with all consequential benefits.

(3.) Looking at the impugned order, it mentioned about the F.I.R. having been filed against the petitioner under the provisions of the Prevention of Corruption Act, 1988 at Crime Register No.I-04 of 2016 before ACB Police Station at Modasa. It was alleged that petitioner, along with other persons, was caught while accepting the amount of bribe and that the petitioner was arrested. Thereafter mentioned were condition No.11 in the order of appointment. Condition Nos.11 and 12 of the order of appointment to state that petitioner was liable to be terminated during the fixed period if he was found to have committed serious misconduct or financial irregularity. It was thereafter mentioned that the Gujarat Civil Services (Conduct) Rules, 1971 would not straightway apply to the employee as he was a fixed term employee.