KAILASHBHAI RAMABHAI BHURIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition arises out of two orders dated 26th July 2013 and 15th March 2016 passed by the Collector, Kachchh, Office of the Collector and Under Secretary, Revenue Department, State of Gujarat respectively. Vide order dated 26th July 2013, the Collector, Kachchh, has terminated the service of the petitioner in light of the conditions contained in Government Resolution dated 4th June 2009. The said order dated 26th July 2013, has been confirmed by the Under Secretary, Revenue Department, State of Gujarat. The petitioner aggrieved by the aforesaid two orders, has preferred the present writ petition.

(2.) Tersely stated are the facts: -

(3.) Upon issuance of the notice by this Court, the State Government was represented through respondent No.2 by filing an affidavit-in-reply. While justifying the stand of the Office of the Collector, Kachchh in passing the order dated 26th July 2013, it has been stated that prima facie, if the misconduct is found to be grave and serious in nature; the provisions of the Government Resolution dated 4th June 2009 give an ample power to the authority to pass an order terminating the service. It has been further stated that by no stretch of imagination, the order dated 26th July 2013, can be said to be stigmatic in nature and that the said order has been passed in accordance with law. It has been averred that the authority has invoked condition No.13 of the Government Resolution dated 4th June 2009 which clearly empowers the authority to take action if the employee concerned is found to have been indulged in the misconduct, serious in nature. It has been urged that the petition be dismissed without grant of any relief, whatsoever in favour of the petitioner.