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1999 Supreme(Guj) 58

A.L.DAVE, B.C.PATEL
MAGANBHAI L. CHAUHAN – Appellant
Versus
DIVISIONAL CONTROLLER – Respondent


Advocates Appeared: J.S.BRAHMBHATT, Thakkar Associates

B. C. PATEL, J.

( 1 ) THE respondent of Special Civil Application No. 4711 of 1998 has preferred this Appeal being aggrieved by the judgment passed by learned Single Judge on 2. 11. 1998.

( 2 ) SHORT facts, as it emerges from the record, are as under :-2. 1 the appellant was a workman discharging his duties as a Conductor with the Gujarat State Road Transport Corporation [for brevity, GSRTC]. He was charge sheeted for wilful absence for a period from 6. 1. 1994 to 23. 1. 1994. The appellant came out with a case that he had some abdominal pain and fever which was certified by one Doctor, and therefore, could not attend the duties. The Disciplinary Authority, on examination of the medical certificate found that the certificate is not reliable. It was pointed out that the certificate is not acceptable as there is a correction in the date and that the certificate was obtained after the notice was issued to him. GSRTC also pointed out before the Inquiry Officer that the Workman is well conversant with regard to the rules regarding leave and he could have conveyed the information about sickness soon after he fell sick if he was genuinely sick. The Inquiry Officer, on examination of the re











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