RAMJUBHA BAHADURSINH JADEJA Vs. MINISTRY OF HOME DEPARTMENT

JUDGEMENT

(1.) The petitioner, by this petition under Article 226 of the Constitution the order dated 27/8/91 of the respondent No.2 under which he was discharged from the services.

(2.) The learned counsel for the petitioner raised only contention that this order which is penal in nature could have been passed only after giving a notice or opportunity of hearing to the petitioner, which has not been done in this case and on this ground this order may be quashed and set aside.

(3.) Carrying this contention further, Shri D.N.Shah, learned counsel for the petitioner submits that from the reply of this Special Civil Application it is clearly a case where services of the petitioner were brought to an end as he has produced before the appointing authority a forged document i.e. School Leaving Certificate. In his submission, the services of the petitioner were brought to an end on the ground that he got his employment on the basis of forged document of his academic qualification. It is a serious misconduct and only after giving the opportunity of hearing his services could have been terminated by way of penalty and not otherwise. Shri Shah contends summing up his arguments, a case where services of the petitioner were dispensed with as his work was unsatisfactory. It is a case in his submission of the termination of the services of the petitioner by way of the penalty.