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VIPUL M. PANCHOLI, H. D. SUTHAR
State Of Gujarat – Appellant
Versus
Manojkumar Vajabhai Parmar – Respondent
ORDER :
Vipul M. Pancholi, J.
1. This appeal is filed under Clause 15 of the Letters Patent against the oral judgment dated 19.04.2022 rendered by the learned Single Judge in Special Civil Application No.11785 of 2020 by which the learned Single Judge has allowed the petition filed by the present respondent – original petitioner.
2. It is the case of the original petitioner that he came to be appointed as Revenue Talati, Class-III on 25.09.2012 and came to be posted at Mamlatdar Office, Patan. Thereafter, on 21.01.2020, FIR came to be registered against him before ACB Police Station, Patan for the offence punishable under the provisions of the Prevention of Corruption Act.
3. The original respondent No.2 – Collector issued a show-cause notice on 26.02.2020 to which the original petitioner gave reply on 04.03.2020 and pointed out that he has been falsely implicated in the FIR in question. Thereafter, on 07.03.2020, the original respondents passed an order whereby the services of the petitioner came to be terminated without holding departmental inquiry. Petitioner, therefore, filed the captioned petition.
4. The learned Single Judge, vide impugned oral judgment dated 19.04.2022 allowed th
The need for a departmental inquiry 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 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.
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.
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