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2020 Supreme(Guj) 219

A.S.SUPEHIA
T. K. Vaghela – Appellant
Versus
State Of Gujarat – Respondent


Advocate Appeared:
For the Appellant :MR G M JOSHI, SENIOR COUNSEL WITH MR DIGANT M POPAT WITH MR JAIMIN R PATEL, ADVOCATES
For the Respondent: MR DHAWAN JAYSWAL, Adv

JUDGMENT :

1. The present writ petition has been filed seeking quashing and setting aside the dismissal order dated 30.09.2005 as well as the appellate order dated 17.03.2006 confirming the dismissal of the petitioner.

2. The brief facts of the case are as under:

2.1 The petitioner was served with a chargesheet dated 07.08.1999 for certain charges relating to the period when he was serving at Sarsa Health Center, Dist.Kheda. Upon service of the chargesheet, the petitioner tendered his explanation on 01.09.1999. After taking into consideration the explanation, the respondent No.2 initiated the disciplinary inquiry by appointing an inquiry officer, who held the inquiry and gave his report on 14.05.2001, wherein out of six (6) charges leveled against him, Charge Nos.3 and 6 came to be proved against the petitioner. The said report was served upon the petitioner in the year 2003, upon which the petitioner made a representation on 07.06.2003. By the order dated 30.09.2005, the petitioner came to be dismissed from service on the basis of the alleged charges leveled against him, more particularly Charge Nos.3 and 6.

2.2 An appeal was preferred by the petitioner under Rule 18 of the Gujarat Ci

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