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1985 Supreme(Guj) 110

N.H.BHATT, I.C.BHATT
UNION OF INDIA – Appellant
Versus
N. N. PRAJAPATI – Respondent


Advocates Appeared: N.J.MEHTA, SHARAD D.SHAH

N. H. BHATT, J.

( 1 ) THE two letters patent appeals are directed against the order of the learned Single Judge of this Court our brother R. C. Mankad. J. who was pleased to allow the special civil applications challenging the orders passed by the respective respondents i. e. the Postal Department and the Surveyor Generals Office. In the Letters Patent Appeal No. 38 of 1985 the employee was dealt with departmentally and punished with minor punishment whereas the employee in the Letters Patent Appeal No. 125 of 1985 was dealt with departmentally and removed from service. The Special Civil Application No. 395 of 1985 is filed by an employee of the Postal Department who at the close of the departmental proceedings has been visited with punishment of reduction to lower time-scale for a period of five years.

( 2 ) THE learned Single Judge allowed the two petitions only on one ground namely non supply of the inquiry officers report by the disciplinary authority who extensively relied upon his assessment of evidentiary material both oral and documentary. in the said report for the purpose of his reaching the particular conclusion of guilt. In both these cases the departmental inquiry was e












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