JUDGMENT :

Biren Vaishnav, J.

1. RULE returnable forthwith. With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing. Mr. Meet Thakkar learned AGP waives service of Rule on behalf of the respondent - State.

2. The short challenge in this petition under Article 226 of the Constitution of India is the order of termination dated 16.02.2019, by which, the services of the petitioner have been terminated without notice on 11.09.2018 on the basis of an FIR lodged against him and the same was without holding departmental proceedings against him.

3. Facts in brief are that the petitioner was appointed as a Jail Sahayak for the period of five years on contractual basis. He was arraigned in an ACB trap and an FIR being C.R. No. I - 06 of 2018 dated 19.08.2018 was lodged with the ACB, Surendranagar Police Station under Section 7, 12 and 13(2) of the Prevention of Corruption Act, 1988.

4. Mr. Jigar Gadhvi would rely on the decision of the Division Bench of this Court rendered in Letters Patent Appeal No. 1596 of 2019 dated 24.07.2020.

5. Mr. Meet Thakkar learned AGP would draw the attention of the Court to the affidavit-in-reply filed on behalf