IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8522 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE NIRZAR S. DESAI =====================================================

Approved for Reporting Yes No =====================================================

KANAIYALAL NAGJIBHAI ROT Versus STATE OF GUJARAT & ANR.

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Appearance:

KARTIK H BHATT(9313) for the Petitioner(s) No. 1 MR. BHARGAV V PANDYA(7103) for the Respondent(s) No.

2 NOTICE SERVED for the Respondent(s) No. 1 =====================================================

CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 10/02/2026 ORAL JUDGMENT

1. Leave to join In-charge General Manager (Personnel), Gujarat State Civil Supplies Corporation, Gandhinagar as respondent No.3 as per amendment tendered by learned advocate Mr. Kartik H. Bhatt appearing for the petitioner today. The same is taken on record and granted.

To be carried out forthwith.

2. With the consent of parties, the matter is taken up for final disposal today itself. Hence, Rule. Learned Assistant Government Pleader Mr. Aditya Davda waives service of rule on behalf of respondent Nos.1 and 2 and learned advocate Mr. Bhargav Pandya waives service of rule on behalf of respondent No.3.

3. By way of this petition, the petitioner has challenged the order of termination dated 6.3.2021 passed by respondent No.3 and has prayed for quashing and setting aside all consequential and subsequent orders pursuant to the order dated 6.3.2021 and has prayed for a direction to the respondents to reinstate the petitioner to the post of Assistant Depot Manager with all consequential benefits

4. The facts stated by learned advocate Mr.

Kartik Bhatt are as under :-

4.1 That the present petitioner was appointed as Assistant Depot Manager by the Gujarat State Civil Supplies Corporation on 21.05.2016 and joined service on 02.06.2016. The appointment was on fixed pay for a period of five years. Before the completion of the said period, an inspection was carried out on 27.01.2021 by the Deputy General Manager, Panchmahal of respondent No. 3 Corporation, and no irregularities were found. It is stated by learned advocate Mr. Kartik Bhatt that thereafter, in February 2021, the Mamlatdar, Shahera conducted another inspection and found certain irregularities in the stock at the godown. Consequently, an FIR dated 20.02.2021, being FIR No. 11207061210114 of 2021, was registered at Shahera Police Station, District Panchmahal, under Sections 406, 409, 420, and 120B of the Indian Penal Code, along with Sections 3 and 7 of the Essential Commodities Act.

4.2 In view of the registration of the aforesaid FIR, the petitioner’s services were terminated vide the impugned order dated 06.03.2021 without following due procedure of law. Since the petitioner’s contractual period had not expired and the petitioner was on probation, learned advocate Mr. Kartik Bhatt submitted that, considering the language of the order, the termination can be termed a stigmatic order. Therefore, in view of the catena of decisions of this Court, the impugned order, being stigmatic and based on the criminal case registered against the petitioner, is illegal and is required to be quashed and set aside.

5. Mr. Kartik Bhatt, learned advocate appearing for the petitioner relied upon the latest decision of this Court dated 04- 10.12.2024 in case of Rakeshkumar Bhursingbhai Katara V/s. State of Gujarat in Special Civil Application No. 22588 of 2022 and allied matters and submitted that while allowing the petitions of those petitioners, this Court has elaborately considered the decision of this Court right from the decision in the case of State of Guajrat V/s. Chetan Jayantilal Rajgor dated 24.07.2020 passed in Letters Patent Appeal No. 1596 of 2019 and other decisions including the latest decision of the Hon’ble Supreme Court in case of Swati Priyadarshini V/s. State of Madhya Pradesh and others reported in 2024 SCC Online