P. R. GOKULAKRISHNAN, J.

( 1 ) RULE. Mr. Joshi waives service of the rule. By consent the rule is heard today.

( 2 ) THIS Special Civil Application is filed for quashing and setting aside the impugned order at Annexure A on various grounds.

( 3 ) MR. Joshi learned Counsel appearing for the respondents cannot dispute the legal position that is enunciated in the case of Kiritkumar D. Vyas v. State of Gujarat and Anr. 1982 GLH 687 : (1982 (2) GLR 79) and also the decision given by a learned single Judge of this Court in Special Civil Application No. 4791 of 1984 dated 16-1-1985 (Laxman Waghjimal v. K. N. Sharma D. S. P. Kutch 1985 GLH (UJ-28) page 20) In this case the petitioner has no doubt been convicted by a Criminal Court for an offence of accepting bribe. On such a conviction he was dismissed from service. Before the dismissal it is clear from the facts that no notice was given. Failure to give notice to show cause before imposing a penalty even in case of a Government servant convicted by a Criminal Court vitiates such dismissal. This principle has been enunciated by this Court in (Kiritkumar D. Vyas v. State of Gujarat and Anr.) 1982 GLH 687: (1982 (2) GLR 79) (supra) wherein a

Click Here to Read the rest of this document