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1980 Supreme(Guj) 5

M.P.THAKKAR
M. L. MAKWANA – Appellant
Versus
REGISTRAR,high COURT OF GUJARAT,ahmedabad – Respondent


Advocates Appeared: C.K.TAKVANI, I.S.SUPEHIA

M. P. THAKKAR, J.

( 1 ) EVEN Homer nods is the moral of this petition challenging an order passed by the Administrative side of the High Court. If a person is asked by an appellate authority to support a reasoned judgment passed in his favour without being told one word about what is wrong with it can he effectively defend himself ? Can he avail of the opportunity meaningfully ? The point is brought home by this petitioner who has been removed from service from his post of Clerk in the Court of the Judicial Magistrate First Class Khambhalia by way of a disciplinary measure inasmuch as on admitted facts it is manifest that principles of natural justice have been violated by the administrative side of the High Court in passing the impugned order.

( 2 ) IN connection with an incident relating to delivery of muddamal articles to the accused persons in criminal case a departmental enquiry was instituted against the petitioner who was at the material time employed as a Junior Clerk in the Court of the Judicial Magistrate First Class Khambhalia. Chargesheet as per Annexure A dated October 6 1976 was served on him. The Inquiry Officer by his reasoned order on an appreciation of evidence of







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