BIREN VAISHNAV
Jalpa Nathubhai Goriya – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. Heard Mr. Jal Unwala, learned senior counsel assisted by Mr. Anup S. Bhavsar, learned advocate for the petitioner and Mr. Kurven Desai, learned Assistant Government Pleader for the respondents through Video Conferencing.
2. In this petition, under Article 226 of the Constitution of India, the challenge is to the order dated 21.1.2019 passed by the respondent No. 2 by which the services of the petitioner who was working as Sub Registrar, Grade-II Class-III have been terminated. The petitioner was appointed on Fixed Term Basis by an order dated 17.12.2013. On an allegation that the petitioner had demanded Rs. 2,50,000/- from one Rajendrasinh Babusinh Chauhan, an FIR came to be lodged being FIR No. 15 of 2018 with the ACB police station, Gandhinagar under the provisions of Prevention of Corruption Act, 1988. Based on this FIR, the order of termination has been passed.
3. Mr. Jal Unwala, learned Senior Counsel would submit that the issue is covered by the decision of the Division Bench of this Court in LPA No. 1596 of 2019 dated 24.7.2020 which has been followed by this Court in SCA No. 22618 of 2019. Relevant paragraph Nos. 5 to 18 of LPA No. 1596/2019 dat
Chandra Prakash Shahi v. State of U.P. [(2000) 5 SCC 152]
Gujarat Steel Tubes Limited v. Gujarat Steel Tubes Mazdoor Sabha [(1980) 2 SCC 593]
Radhey Shyam Gupta v. U.P. State Agro Industries Corpn. Ltd. [(1999) 2 SCC 21]
Manishbhai Nayanbhai Mod v. Vadodara Municipal Corporation [2018 (2) GLR 1636]
Chaitanya Prakash and Another v. H. Omlarappa reported in (2010) 2 SCC 623
Pavanendra Narayan Verma v. Sanjay Gandhi PGI of Medical Sciences [(2002) 1 SCC 520]
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