Judgment :-

Dalveer Bhandari, J.

1. Leave granted.

2. This appeal is directed against the judgment of the High Court of Gujarat at Ahmedabad delivered in Letters Patent Appeal No. 1360 of 2004 on dated 24.11.2006 and final judgment and order dated 19.1.2007 in Misc.Civil Application for Review No.116/2007.

3. Brief facts which are necessary to dispose of this appeal are recapitulated as under:-

The appellant had joined service of respondent no.1 as Food Inspector on 1.12.1982. The appellant worked for 14 years as Food Inspector at Ahmedabad as well as Gandhinagar Circle. Thereafter, for the first time in 1996, he was transferred to Rajkot. He remained there for three years.

4. On 30.9.1999, the appellant was transferred to Bhuj. However, he did not join duty at Bhuj and after a period of 20 days, i.e. on 04.10.1999, he sent a fax message of illness of his mother. Though the appellant was relieved on 05.10.1999 from Rajkot, yet he did not join duty at Bhuj and instead he entered into correspondence with respondent no.2. The appellant was given personal hearing in November 1999 by respondent no. 2. Even after his advice, he did not join duty at Bhuj.

5. The Assistant Commissioner, Bh