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:

2.1 That original respondent No. 1 had published advertisement for the post of “Revenue Talati (Class-III)” on 16.12.2015 on the terms and conditions mentioned in the said advertisement.

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-III)” on fixed pay for period of five years.

2.3 As per the appointment order, the petitioner joined her duties at the Office of Mamlatdar, Surat. Subsequently, by order dated 25.11.2019, the petitioner was transferred to other place.

2.4 On 18.03.2020, the petitioner was once again transferred during her service as ‘Talati cum Mantri’ an FIR being C.R. No. 11194022200015 of 2020 came to be registered with Surat City A.C.B. Police Station for the offences punishable under Sections 7(a), 12 and 13(2) of the Prevention of Corruption Act against one Kantibhai Govindbhai Patel. In the aforesaid FIR, the complainant had alleged that accused have demanded illegal gratification from the complainant. The original petitioner came to be arrested by the police authorities in relation to the aforesaid FIR. Subsequently, pursuant to the order dated 01.12.2020 passed by learned 5th Additional Sessions Judge, Surat in Criminal Misc. Application No. 5776 of 2020, the original petitioner was enlarged on regular bail.

2.5 It is the case of the petitioner that respondent -State Authorities without issuing any show cause notice or without giving any opportunity of hearing, issued order of termination dated 04.03.2021. This illegal action of the respondent State Authorities of terminating the petitioner, compelled the petitioner to approach this Court by filing captioned writ petition under Article 226 of the Constitution of India.

3. The original writ petitioner had mainly prayed for quashing and setting aside the aforesaid order of termination dated 04.03.2021 passed by the respondent No. 2-Collector, Surat mainly on the ground of violation of principles of natural justice and by placing reliance upon the decision of this Court in Special Civil Application No. 7166 of 2019. Though, notice was served upon the respondent-State Authorities, no affidavit-in-reply has been filed on behalf of the State before the learned Single Judge.

4. Learned Single Judge after considering the submissions made by the learned counsels appearing for the respective parties and after taking into the consideration the decision of this Court in Special Civil Application No. 7166 of 2019, having noticed that the order of termination was passed without due opportunity of hearing to the petitioner as well as considering the fact that the services of the petitioner’s were put to an end approximately six months before the tenure was to end, which was 26.09.2021, quashed and set aside the impugned order of termination. Learned Single Judge directed the respondent-State Authorities to take back the petitioner in service for remaining period on her original post with continuity of service for the interregnum period without back wages as if the order of termination was not passed. Learned Single Judge further