IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6687 of 2016 FOR APPROVAL AND SIGNATURE:

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

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

ASHOKKUMAR ATMARAM PRAJAPATI Versus HIGH COURT OF GUJARAT =====================================================

Appearance:

MS HARSHAL N PANDYA(3141) for the Petitioner(s) No. 1 IG JOSHI(8726) for the Respondent(s) No. 1 LAW OFFICER BRANCH(420) for the Respondent(s) No. 1 =====================================================

CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 11/03/2026 ORAL JUDGMENT

1. Heard learned advocate Ms. Harshal N. Pandya appearing for the petitioner and learned advocate Mr. Ishan G. Joshi appearing for the respondent - High Court of Gujarat.

2. By way of this petition, the petitioner has prayed for quashing and setting aside the impugned order of termination dated 28.03.2016 passed against the present petitioner and has further prayed for reinstating the petitioner in service to his original post with all consequential benefits and continuity of service.

3. The facts of the case, as stated by learned advocate Ms. Harshal Pandya, are as under:

3.1 The present petitioner was appointed as Deputy Section Officer on the establishment of the Gujarat High Court on probation for a period of two years vide appointment order dated 26.09.2014, and the petitioner resumed his duties on 13.10.2014.

3.2 On 20.07.2015, the petitioner was served with a show-cause notice seeking his explanation for committing a breach of Rule 4(1) of the High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011. As per the notice, the same was issued pursuant to a complaint filed by one Ms. Darshanaben S. Patel, who appeared at the exam held by the High Court for the post of Assistant (Junior Clerk) on the establishment of subordinate Courts in the State of Gujarat. On

27.07.2015, the petitioner submitted his reply to such notice, and on 11.09.2015, another notice was issued to the petitioner whereby the respondents took the stand that the services of the petitioner were not satisfactory during the probation period as described under Rule 12(2) of the High Court of Gujarat (Recruitment and Condition of Service of Officers and Staff) Rules, 2011, and hence the services of the petitioner were liable to be terminated without prior notice. On 22.09.2015, upon receipt of the notice, the petitioner requested that time for a period of 10 to 15 days be granted so as to enable him to submit his detailed reply to the show-cause notice and also requested a copy of the complaint and the statement.

3.3 Vide communication dated 30.09.2015, the petitioner was granted time up to 07.10.2015, and it was communicated that after the petitioner files his reply, the decision with regard to the grant of personal hearing will be taken.

3.4 On 07.10.2015, the petitioner filed his detailed explanation and submitted that he had not committed any breach of any of the Rules as alleged in the notice and that he had performed his duties with all sincerity and satisfaction.

3.5 Thereafter, the petitioner was transferred to the Board Department of the High Court.

3.6 On 17.10.2015, the petitioner was communicated a letter asking him to remain personally present before the Registrar General on 20.10.2015 for personal hearing. The petitioner remained present before the Registrar General on the said date and put forward his case.

3.7 On 28.03.2016, by way of the impugned order, the petitioner's services were terminated by stating that as the petitioner was on a probation period of two years, his services are dispensed with immediate effect.

3.8 It is this order of termination dated 28.03.2016 which is under challenge by way of the present petition.

4. Learned Advocate Ms. Harshal Pandya, appearing for the petitioner, submitted that though the order of termination, which prima facie seems