Leave to amend the prayer clause so as to include challenge against the termination order. The amendment to be carried out forthwith.
2. Heard Mr. Dave, learned advocate for the petitioner.
3. The request made by learned advocate for the petitioner that relief in form of direction to conduct fresh inquiry be granted, cannot be considered, at this stage, inasmuch as, the termination order is already passed and the petitioner herein had preferred departmental appeal against the termination order, which has been rejected.
4. Therefore, if the petitioner is aggrieved by the termination order, then, the order is required to be assailed on the basis of the material in light of which the order came to be passed. It is only on the basis of the material which is available on record of the departmental inquiry and the material on the strength of which the termination order is passed, the legality and maintainability of the said order can be tested. Therefore, the relief, which the petitioner seeks, at this stage, cannot be granted.
5. However, since the petitioner is challenging the decision of terminating his services, petition requires consideration. Hence, RULE.
(K.M.Thaker, J.) kdc Top