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1978 Supreme(Guj) 45

M.P.THAKKAR
H. P. THAKORE – Appellant
Versus
STATE – Respondent


Advocates Appeared: M.C.BAROT, M.R.ANAND, V.H.BHAIRAVIA

M. P. THAKKAR, J.

( 1 ) A question of life-or-death-significance relating to service jurisprudence as to whether before imposing the economic death penalty of dismissal or removal from service a disciplinary authority is bound to apply his mind to the three vital considerations namely (1) as regards the nature and magnitude of the established charge (2) as regards the desirability or otherwise of retaining the Government servant in service in the context of the charges found proved against him and (3) as to whether a penalty lesser than the extreme penalty of dismissal or removal would prove adequate and several other questions have surfaced in this petition under Article 226 of the Constitution of India instituted by a Talati-cummantri who was dismissed from service at the conclusion of a departmental proceeding. . . . . . . . . [his Lordship after discussing the evidence held that it was abundantly clear that the finding on the point of the guilt of the petitioner in respect of the different charges as also on the point of the extent of the penalty was vitiated by reason of the manifest bias on the part of Mr. Kadia both in respect of the subject matter as also in view of his pers






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