Case Note & Summary
The petitioner, filed a Special Civil Application challenging her termination from the post of Gram Sevak by District Panchayat Sabarkantha -- She was appointed in 2017 under a reserved category, but her service was terminated in 2020 after revision of the select list revealed a more meritorious candidate -- The termination was done without issuing a show-cause notice, violating natural justice principles -- The petitioner argued this was arbitrary and unconstitutional under Article 14, while respondents claimed it was due to court directions in related litigation -- The High Court analyzed the issue and held the termination unjustified, quashing the impugned order as it lacked procedural fairness and was arbitrary -- The Court referenced multiple judgments to support its decision, emphasizing the necessity of notice before termination in absence of fraud
Headnote
The High Court of Gujarat at Ahmedabad, in a petition filed under Article 226 of the Constitution of India, quashed the termination order dated 10/11/2020 passed by District Panchayat Sabarkantha -- The petitioner, was appointed as Gram Sevak on 23/05/2017 after selection under a reserved category for Scheduled Caste women -- Her service was terminated by respondent No.2 citing revision of the final select list where a more meritorious candidate was found -- The Court held that the termination was arbitrary and violated principles of natural justice as no show-cause notice was issued -- Relying on precedents including Bharwani Jitendra vs. State of Gujarat and others, the Court emphasized that termination without notice is impermissible unless fraud or mischief is involved -- The impugned order was set aside, declaring the termination illegal and unconstitutional under Article 14
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Issue of Consideration: Whether the termination of service of the petitioner by respondent No.2 is justified or not
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Final Decision
The High Court Partly allowed the petition, quashed and set aside the impugned termination order dated 10/11/2020, and held the termination illegal and unconstitutional
