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2021 Supreme(Guj) 721

BIREN VAISHNAV
K. S. BASATHIA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant :MR BHAVYARAJ GOHIL, ADVOCATE FOR MR AJ YAGNIK
For The Respondent: MR MEET THAKKAR, ASST GOVERNMENT PLEADER

JUDGMENT :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following relief:

    “25(A) Quashing and setting aside the order dt. 22.5.2008 and order dt.11.10.2005 and direct the petitioner to reinstate the petitioner in service with all the consequential benefits with 12% interest.”

2. The facts in brief are as under:

    2.1 The petitioner was appointed in the Gujarat Administrative Services, Class-I, in December 1989. During his posting as Deputy District Development Officer, Amreli, the petitioner was placed under suspension on 05.08.1992. After about one year, on 16.07.1993, the petitioner was served with a charge sheet for holding a departmental inquiry. The charges in brief were as under:

Charge-I

Shri K.S.Basathia, former Deputy District Development Officer, Amreli has committed serious misconduct amounting moral turpitude and unbecoming of a Govt. Servant with the trainee nurses, mentioned in the statement of imputation, of Female Health Workers Nursing School, Amreli and has, thereby, violated Rules 3(1)(3) of Gujarat State Civil Services (Conduct) Rules 1971. Charge-II He has misused different Govt. Vehicles for his personal

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