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A. J. DESAI, NISHA M. THAKORE
STATE OF GUJARAT – Appellant
Versus
HIRALBEN NAVINCHANDRA DHOLAKIYA – Respondent
ORDER :
1. This appeal, preferred under Clause 15 of Letters Patent, is filed by the appellant-State of Gujarat and others, challenging the oral order dated 14.02.2022 passed by learned Single Judge in captioned writ petition, by which, learned Single Judge has quashed and set aside the order dated 04.03.2021 passed by respondent No. 2-Collector, Surat, by which, the original petitioner, who was working as Revenue Talati was terminated from service on the ground of registration of FIR being lodged under the provisions of Prevention of Corruption Act.
2. The facts as emerges from the record are briefly summarized as under:
2.2 The original petitioner had applied for the same and by letter dated 09.09.2016, the petitioner was informed about her selection and was asked to join services within a period of 10 days along with original certificate. On 26.09.2016, appointment order was issued by the respondent authorities whereby the petitioner has been given appointment on the post of “Revenue Talati (Class-I
The need for a departmental inquiry in cases where the termination order casts stigma.
Once the learned Single Judge having seen the records and come to the conclusion that the industry was not functioning after January, 1995, there is no justification in entering a different finding w....
Point of law: Termination of service - termination order that the foundation of the impugned order was alleged misconduct of demanding and accepting bribe of Rs.1,000/-, for which afore-mentioned F.I....
The main legal point established is the requirement of a full-fledged departmental inquiry before terminating an employee, particularly in cases where the termination order casts stigma.
Pont of Law: whenever charges are levelled when the action is found to be stigmatic, full-scale departmental inquiry deserves to be undertaken against a contractual employee on fixed salary.
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