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2022 Supreme(Guj) 1365

BIREN VAISHNAV
Sagar Chaturbhai Bhesaniya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Jit P Patel, Ms. Niyati K Juthani
For the Respondent: Mr.Kurven Desai, AGP

JUDGMENT :

1. RULE returnable forthwith. Mr.Kurven Desai learned AGP waives service of notice of Rule on behalf of the respondent State.

2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.

3. By way of this petition under Article 226 of the Constitution of India, the case of the petitioner is that the order of termination dated 02.11.2021 is stigmatic inasmuch as the same has been passed without departmental proceedings based on an FIR lodged against the petitioner.

4. Facts in brief would indicate that the petitioner was appointed as Revenue Talati on 26.09.2016 for a period of 5 years. The petitioner was appointed as a Revenue Talati on a fixed term of five years by his appointment on a fixed pay on a condition that he undergoes pre-service training examination. His name was sent for pre-service training examination but before he could appear in such examination, his services have been terminated.

5. Mr. Patel, learned counsel for the petitioner would submit that the order of termination is stigmatic. He would rely on a decision in the case of State of Gujarat v. Chetan Rajgor rendered in LPA No.1596 of 2019 and LPA No.841 o

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