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2023 Supreme(Guj) 132

N. V. ANJARIA, NIRAL R. MEHTA
STATE OF GUJARAT – Appellant
Versus
CHIRAGKUMAR GANPATBHAI DODIA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : KRUTIK PARIKH.
For the Respondent: JIT P. PATEL.

ORDER :

1. Heard learned AGP Mr. Krutik Parikh for the appellant State and learned advocate Mr. Jit Patel for the respondent appearing for the respondent-original petitioner.

2. Challenge in this Letters Patent Appeal is directed against the judgment and order dated 22.03.2022 of the learned Single Judge whereby the learned Single Judge set aside the order of termination dated 23.09.2020 passed against the respondent-original petitioner.

2.1 The petitioner was ordered to be reinstated with all consequential benefits on the same terms and conditions on the post of Deputy Mamlatdar, Class-III. Continuity of service for the interregnum period with all consequential benefits were also directed to be paid. However, reinstatement of the petitioner was provided upto the expiry of original tenure of engagement as per the order of appointment.

3. The petitioner was Deputy Mamlatdar. The competent authority passed order dated 23.09.2020 of removal of the petitioner from service on the ground that FIR was lodged against the petitioner for the offences under the Prevention of Corruption Act for allegedly taking bribe. It was recorded in the termination order that the petitioner who was a fixed ter

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