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VIPUL M. PANCHOLI, HASMUKH D. SUTHAR
State Of Gujarat – Appellant
Versus
Sanjaybhai Ishwarbhai Desai – Respondent
ORDER :
VIPUL M. PANCHOLI, J.
1. The present appeal is directed against the order dated 19.04.2022, whereby learned Single Judge has allowed the petition filed by the respondent - original petitioner and directed the present appellants - original resopndents to reinstate the petitioner.
2. Heard learned AGP Mr. Kurven Desai for the appellants, learned advocate, Mr. Jit P. Patel for the respondent.
3. Learned AGP Mr. Desai submitted that the petitioner was appointed on the post of Deputy Mamlatdar (Class-III) vide order dated 25.05.2015 on certain terms and conditions, copy of said order is placed on record at Page No.24 of the compilation. It is further submitted that the services of the petitioner came to be terminated on 15.06.2020 on the ground that FIR came to be registered against the petitioner under the Prevention of Corruption Act, copy of said order is placed on record at Page No.20 of the compilation. It is submitted that the services of the petitioner came to be terminated relying upon Condition No.14(A) of the appointment order and, therefore, the original respondents have not committed any illegality while passing an order of termination, inspite of that, learned Single Ju
Termination based on stigmatic grounds requires a full-fledged departmental inquiry, as established by previous orders and judgments.
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.
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....
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.
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....
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