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1984 Supreme(Guj) 40

R.C.MANKAD
M. J. NINAMA – Appellant
Versus
POST MASTER GENERAL AHMEDABAD – Respondent


Advocates Appeared: K.A.Mehta, SHARAD D.SHAH

R. C. MANKAD, J.

( 1 ) PETITIONER who was Upper Division Clerk in the Posts and Telegraphs Department was removed from service by an order dated December 19 1981 passed by the Director Postal Services (HQ) Gujarat Circle Ahmedabad (hereinafter referred to as the Disciplinary Authority ). In the appeal preferred by the petitioner the Post Master General Ahmedabad by his order dated August 13 1982 agreed with the finding of guilt recorded by the Disciplinary Authority but modified the penalty from removal to that of compulsory retirement from service. The petitioner has by this petition under Article 226 of the Constitution of India challenged the findings recorded by the Disciplinary Authority and the Appellate Authority and the punishment imposed on him on several grounds. One of the grounds raised by the petitioner is that he was denied reasonable opportunity of being heard in respect of the charges levelled against him on account of failure on the part of the Disciplinary Authority to supply him copy of the report of the Enquiry Officer and reasons recorded by him for disagreeing with the findings recorded by the Enquiry Officer. Since in nay opinion for the reasons which I shall




















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