ORDER :

1. Heard Mr. Radhesh Vyas, learned advocate for the petitioner, Mr. K.M. Antani, learned AGP appearing for respondents no. 1 and 2 and Mr. H.S. Munshaw, learned advocate for the respondents no. 3 and 4 through video conferencing.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 20.07.2020 suspending the petitioner in exercise of powers under the Gujarat Panchayat Service (Discipline and Appeal) Rules, 1997 (for short 'the Rules'), particularly Rule 5 thereof.

3. Apart from the prior history of service details elaborately stated in the petition, the petitioner at the time of suspension was working as a Primary Teacher at Por Primary School under the District Primary Education Officer, Vadodara (DPEO). By the order dated 20.07.2020, the petitioner has been suspended from service. Reading the order of suspension indicates that the petitioner on 17.07.2020 posted on the Facebook, a Gujarati post, the translated version of which would read as under:

“That the statement of the Education Minister is not trustworthy and it is a chinese statement”

3.1 The post on facebook was made through his mobile phone. Reading of the