IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 20913 of 2016 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ================================================================

1 Whether Reporters of Local Papers may be allowed Yes

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	Yes
2	To be referred to the Reporter or not ?	Yes
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

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MINAXIBEN BABULAL SOLANKI Versus SAURASHTRA GRAMIN BANK & ORS.

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Appearance:

MR AKSHAT C VIN(10740) for the Petitioner(s) No. 1 MR CJ VIN(978) for the Petitioner(s) No. 1 MR AS VAKIL(962) for the Respondent(s) No. 1,2,3 ================================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 19/02/2024

ORAL JUDGMENT

1. The present petition is filed by the petitioner seeking following reliefs :

“(a) Be pleased to allow the petition of the petitioner herein & further be pleased to quash & set-aside the order of termination of service of the petitioner herein dt. 22.11.2016 passed by the respondent no.2 herein & further be pleased to issue any appropriate writ or order or direction directing the respondent authorities to reinstate permanently the petitioner in her post of ofÏcer Scale-1 in the respondent bank with full back-wages & all other service benefits forthwith & oblige.

(b) Any other and further order that deemed fit and proper may be passed in the interest of justice.”

2. The brief facts giving rise to the present petition are as under :

2.1 The present petitioner at the time of termination from service, who was serving in the Respondent-bank at Dawn- Chawk Branch at Bhavnagar in OfÏce Cadre at JMGS-1. The petitioner was appointed in the said post by their appointment order dated 14.10.2013 and thereafter, the petitioner was posted at Tarsamiya Branch of the Respondent-Bank at Bhavnagar by letter dated 22.11.2013 on probation for a period of 2 years and accordingly, the present petitioner had resumed her duty in the said branch of the Respondent-Bank. The petitioner was appointed as Scale 1 (Assistant Manager) as classified in Chapter II Regulation 3 (1)(a)(i) of Saurashtra Gramin Bank (OfÏcer and Employees) Service Regulations, 2010 vide appointment order dated 14-10-2013 and selection of the petitioner was made on 14-10-2013 subject to satisfactory Medical report. The petitioner had subjected herself for medical examination and was cleared vide Medical report of Chief District Medical OfÏcer-cum-Civil Surgeon, GMERS General Hospital, Gandhinagar.

2.2 It is the case of the petitioner that the petitioner joined duty on the date, she reported for training on 18-11-2013, which was upto 23-11-2013. She completed the training successfully and hence, she was given posting to Tarsamiya Branch of the Bank vide order dated 22-11-2013 i.e. a day prior to completion of the training. This letter was received on 25-11-2013 and she resumed duty on 26-11-2013 though 7 days joining period was granted to her. Within 8 months thereafter, her services were terminated vide order dated 02- 07-2014 only on the ground that she had raised her voice about sexual harassment. That the service of the petitioner previously came to be terminated vide order dated 02.07.2014 on the ground of misconduct but without holding departmental enquiry and having regard to the content of the order of termination, the same could be terminated without any departmental inquiry and hence, the said termination order being unjust and illegal, was challenged by the present petitioner by way of writ petition under article 226 of the Constitution of India being Special Civil Application

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