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VIPUL M. PANCHOLI, HASMUKH D. SUTHAR
State Of Gujarat – Appellant
Versus
Hareshkumar Manabhai Chaudhary – Respondent
ORDER :
VIPUL M. PANCHOLI, J.
1. The present appeal is directed against the order dated 28.09.2022, whereby learned Single Judge has allowed the petition filed by the respondent - original petitioner and directed the present appellants - original respondents to reinstate the petitioner on same terms and conditions on which he was initially appointed.
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 23.02.2018 on contractual basis. It is further submitted that the services of the petitioner came to be terminated vide order dated 23.06.2021 on the ground that FIR came to be registered against the petitioner under the Prevention of Corruption Act. Learned AGP has referred to the order of termination dated 23.06.2021, copy of which is placed on record at Page No.17 of the compilation. It is further submitted that the petitioner challenged the said order by filing captioned petition before the learned Single Judge and the learned Single Judge, vide impugned order dated 28.09.2022, allowed the petition and thereby issued aforesaid directions and, hence, the
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.
Termination based on stigmatic grounds requires a full-fledged departmental inquiry, as established by previous orders and judgments.
The need for a departmental inquiry 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.
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....
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