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1978 Supreme(Guj) 107

M.P.THAKKAR
MOHANBHAI DUNGARBHAI PARMAR – Appellant
Versus
Y. B. ZALA – Respondent


Advocates Appeared: J.M.PANCHAL, R.M.CHRISTIE

M. P. THAKKAR, J.

( 1 ) NEW situations pose new challenges and demand new answers. Such a situation has arisen in the present petition by a dismissed Govt. servant which has thrown up a very vital question namely : Can an employee satisfactorily explain whether he had a good and sufficient cause for reporting late on a particular day one and a hellfires ago and show cause for the lapse ? Would or would not the delay of one and half years to initiate disciplinary proceedings by itself constitute denial of reasonable opportunity to defend and thus violate principles of natural justice ?

( 2 ) ON the allegation that on one occasion the petitioner a police constable had remained absent in the morning parade and on some other occasions he was found absent when roll call was taken during the course of one month between November is 1971 and December 15 1971 departmental proceeding were initiated against tale said constable about 1 1/2 years thereafter by a chargesheet dated May 18 1973 At the conclusion of the departmental proceedings the petitioner was removed from service by an order passed Shri Y. B. Jhala District Superintendent of Police Mehsana as per annexure F dated October 31 1973










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