JUDGMENT :

A.S. SUPEHIA, J.

1. The captioned writ petition has been filed challenging the order dated 30.03.2007 passed by respondent No. 2 removing the petitioner from service as well as the Inquiry Officer's report dated 20.09.2004.

2. The brief facts of the case leading to filing of the present writ petition are as under:

2.1. The petitioner joined as Staff Nurse in the year 2000 under the respondent No. 1. Thereafter, she received a charge-sheet dated 17.03.2004 served by the respondent No. 2, inter alia, alleging that the petitioner had violated Rule 3(1)(3) and Rule 26(1)(2) of the Gujarat Civil Services (Conduct) Rules, 1971. It is alleged in the charge-sheet that the petitioner was living with one doctor namely Paresh Patel despite the fact that he had an existing wife namely Ilaben. After holding a departmental inquiry the Inquiry Officer vide his report dated 20.09.2004 held the charges proved against the petitioner.

3. Learned advocate Mr. H.J. Karathiya appearing for the petitioner has submitted that the inquiry report itself is vitiated since the relevant witnesses are not examined by the Inquiry Officer in the departmental inquiry. He has submitted that the first wife