JUDGMENT :

1. The present petition is filed praying for the following reliefs :

“14(A) Quashing and setting aside the departmental inquiry against the petitioner as well as the order of dismissal dt.21.9.1999, the appellate order dt.23.3.2004 and the reviewing order dt.9.3.2011, and direct the Respondents to reinstate the petitioner in service with all consequential benefits including back wages with interest.

(A) Your Lordships may be pleased to quash and set aside order of respondent authority dated 21.9.1999 as confirmed by respondent appellate authority by order dated 23.3.2004 as well as order of respondent authority dated 9.3.2011 refusing to review and reconsider punishment and be further pleased to declare that the punishment of dismissal imposed against petitioner is extremely harsh and same would be required to be replaced by any punishment other than dismissal and with such direction, be pleased to direct respondents to reconsider his case sympathetically.

(B) Pending admission, hearing and final disposal of this petition, Your Lordships be pleased to grant relief as prayed for in para 14(A) as interim or ad interim relief in interest of justice.

(C) Grant such other and further reliefs deemed just and proper in facts and circumstances of case.”

2. The brief facts leading to filing of this petition are such that the petitioner was appointed as Junior Clerk on 1.9.1982 and worked as such upto 30.6.1987 in Technical Education Department, Old Sachivalaya, Gandhinagar. Thereafter, upon his selection through the GPSC as Taluka Development Officer (TDO for short), he had taken probationery training from 2.7.1987 to 30.6.1988 as directly recruited TDO. He worked at different places as TDO at different places from 2.7.1988 to 22.9.1999. Thereafter, on 21.9.1999, he was dismissed from service as per the order of the Panchayat and Rural Housing Department, Gujarat State, Gandhinagar. Against the order of dismissal, the petitioner preferred appeal dated 5.11.1999 and 23.1.2001 to the Principal Secretary to Hon’ble Chief Minister. As the appeal was pending for very long time, the petitioner preferred Special Civil Application No.10117 of 2003 challenging the dismissal order dated 21.9.1999. The said petition was disposed of vide order dated 18.7.2003 directing the appellate authority to decide the pending appeal. Thereafter, the petitioner again made a representation on 17.5.2004 to the respondent authority to reconsider and review the punishment of dismissal. As nothing proceeded further, the petitioner again made a representation dated 19.10.2010 as a reminder to the previous representations. Finally, vide order dated 9.3.2011, the representations were rejected. Therefore, the petitioner filed this petition challenging the order of dismissal dated 12.9.1999, the order of appellate authority dated 23.3.2004 and refusal of the respondent authority to review his punishment of dismissal.

3. Heard learned advocate Mr. Vyas for the petitioner and learned APP Ms. Ashar for the respondent-state.

3.1 Learned advocate Mr. Vyas for the petitioner submitted that representations made by the petitioner to the respondent authority are not dealt with by the authority. He has further submitted that though advise of Gujarat Public Service Commission ('GPSC' for short) is taken into consideration but it is not supplied to the present petitioner which jeopardized the valuable right of the present petitioner. He relied on the judgment of the Hon’ble Apex Court in the case of Union of India and Ors. V/s S.K. Kapoor reported in 2011 (4) SCC 589. He has further submitted that in view of the Rule (9)(17) of the Gujarat Civil Services (Disciplinary) Rules, 1971, the respondent has not applied that rule and the petitioner had no opportunity to explain the circumstances against him. He has relied on the judgment of this Court in Special Civil Application No.7317 of 2004 in the case of Faridaben Ahmedhusen Qureshi Wd/o. Ahmedhusen L. Qureshi Vs. State of Gujarat