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2022 Supreme(Guj) 1069

BIREN VAISHNAV
Hareshkumar Manabhai Chaudhary – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jit P. Patel, Ms. Niyati K. Juthani.
For the Respondent: Mr. Kurven Desai, Asst. Government Pleader.

ORDER :

1. Heard learned advocates for the respective parties.

2. The petitioner by way of this petition has prayed for quashing and setting aside the communication dated 23.06.2021 by the respondent no. 2 terminating the service of the petitioner and further to direct the respondent authorities to reinstate the petitioner on his original post with all consequential benefits.

3. Ms. Niyati Juthani, learned advocate appearing for the petitioner shall submit that the petitioner was appointed on 23.02.2018 on contractual basis and by way of the impugned communication his services were terminated. She would submit that no departmental inquiry was held before the impugned termination. Ms. Juthani shall draw the attention of this court to an order passed by this court in case of similar facts. The order dated 22.07.2022 so passed in Special Civil Application No. 15083 of 2021 reads as under :

    1. RULE returnable forthwith. Mr. Utkarsh Sharma learned AGP waives service of notice of Rule on behalf of the respondent Nos.1 and 2, Mr. H.S. Munshaw learned advocate waives service of notice of Rule on behalf of the respondent No.4. Though served, nobody appears for respondent nos.3 and 5.

2. Challeng

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