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2004 Supreme(Guj) 342

AKSHAY H.MEHTA
TUSHAR D BHATT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: A.S.VAKIL, B.P.GUPTA, D.S.NANAVATI, MAITHILI MEHTA, S.B.VAKIL, S.N.SHELAT, Y.N.OZA

AKSHAY H. MEHTA, J.

( 1 ) ). THE petitioner has approached this Court under Article 226 of the Constitution of India to challenge the order of dismissal from service passed against him dated 22nd May, 2002 by the Deputy Secretary, Health and Family Welfare Department, Government of Gujarat, in the name of the Governor of Gujarat State. The said order has been passed against the petitioner in view of the fact that all the charges except one levelled against him in the departmental inquiry were proved beyond reasonable doubt. One was partly proved. The charge-sheet issued against the petitioner contained in all seven charges, details whereof will be stated in due course of the judgment.

( 2 ) TO appreciate the controversies that have been raised in this petition relevant facts in brief are required to be stated as under :-2. 1. THE petitioner joined service of respondent no. 1 as Food Inspector on 1st December, 1982 and since then he had been working in the Food and Drugs Control Administration, Government of Gujarat. He was appointed and posted at Ahmedabad and for almost 14 years he worked in Ahmedabad as well as Gandhinagar Circle. He was thereafter transferred to Rajkot in the yea












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