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2004 Supreme(Guj) 704

J.N.BHATT
B. M. RAO – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: G.M.JOSHI, S.N.SHELAT, Shruti Trivedi, Y.N.OZA

J. N. BHATT, J.

( 1 ) IN this group of four petitions, pertaining to the Service Jurisprudence, by a common petitioner, under Article 226 of the Constitution of India, assailing the legality and authority of the initiation of Departmental Inquiries and for quashing, the departmental penalty in one inquiry, three aspects: (i) Incumbency of the disciplinary jurisdiction in the matter of discipline against Civil Services; versus Expediency of initiation of inquiries; (ii) Amplitude and altitude of the zone of disciplinary punishment; and, (iii) Resultant ramifications, on the administrative mechanism, as well as, on the independence and equal right of Civil Servants, are, sharply, brought into focus, mainly on the grounds of bias, unfairness, mala fide, victimization and colourable exercise of power with a view to project favoured person, junior to petitioner preventing him from the Zone of Consideration by imposing token minor punishment adopting highly discriminatory action and approach while exonerating all the rest 16 such officers similarly charged and similarly situated. This is the subtractrum from pioneering concised profile of old, on-going Legal Battle, between officer and Go





















































































































































































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