( 1 ) SUMMARY dismissal of a petition challenging the legality and validity of an order of dismissal from servile of a class IV employee Serving as a Nayak in the office of the Inspector General of Prisons after 15 years of service had led to this Letters Patent Appeal under Clause 15 of the Letters Patent.

( 2 ) THE appellant was appointed as a Nayak in the office of the Inspector General of Prisons in the month of March 1961. On 12-5-1975 be was arrested in connection which a prohibition offence which ended in his conviction on 23-12-1975 He was sentenced to undergo imprisonment till rising of the court and to pay a fine of Rs. 100. 00 i. d S. I. for 20 days The Inspector General of Prisons by an order dated 25-2-1976 dismissed the appellant from service without holding any inquiry relying solely upon his conviction by the Magistrates Court and without even affording any opportunity to the appellant to have his say even regarding the quantum of punishment No show cause notice was issued before passing the said order of dismissal The appellant preferred an appeal albeit after the lapse of considerable time to the Gujarat Civil Services Tribunal which was numbered