Important Point – Order of penalty cannot be passed without complying with principles of natural justice.

Abhilasha Kumari, J.

1. This petition under Article 226 of the Constitution of India has been preferred, inter-alia, with a prayer to quash and set aside the order dated 01.11.2008, passed by respondent No.1 State Government, whereby the penalty of dismissal from service has been imposed upon the petitioner. The petitioner has also challenged the order dated 14.09.2009, passed by respondent No.1, whereby the Revision Petition preferred by the petitioner has been rejected.

2. Briefly stated, the relevant facts of the case are that the petitioner was appointed on the post of Sales Tax Officer (Class-II) as a direct recruit and joined service on 15.01.1990. Thereafter, the petitioner was promoted to the post of Sales Tax Officer (Class-I), vide promotion order dated 19.11.1998. A chargesheet was issued to the petitioner on 26.11.2002, alleging misconduct for the period from 15.09.1995 to 19.11.1998, while the petitioner was working as Sales Tax Officer (Class-II), Unit-II, Junagadh. The petitioner responded to the chargesheet by filing his defence statement on 11.06.2003. An Inquiry Officer was appointed, who submitted his Report dated 26.05.2006, holding that the charges levelled against the petitioner were partly proved.

2.1 A copy of the Inquiry Report was forwarded to the petitioner by the Disciplinary Authority, with its concurrence vide communication dated 14.06.2006. The petitioner made a detailed representation against the report of the Inquiry Officer to the Disciplinary Authority vide representation dated 28.08.2006. The State Government proposed to impose the penalty of reduction of pay by three stages for one year without future effect upon the petitioner and sought the advise of the Gujarat Public Service Commission (“GPSC”, for short) in this regard, on 13.07.2007. The GPSC did not concur with the proposed punishment and recommended the penalty of dismissal from service, by its communication dated 16.04.2008. Thereafter, the State Government passed the impugned order dismissing the petitioner from service, on 01.11.2008. The Review Petition of the petitioner against the said order came to be rejected by the impugned order dated 14.09.2009. Aggrieved by the aforementioned orders, the petitioner has approached this Court by preferring the present petition.

3. Mr. Vaibhav A. Vyas, learned counsel for the petitioner has made only one submission, which is to the effect that, before implementing the advise of the GPSC and passing an order dismissing the petitioner from service, the State Government has not granted the petitioner an opportunity of hearing, which it is obliged to do as per law. It is submitted that a gross violation of the principles of natural justice has occurred due to the action of the State Government in depriving the petitioner of an opportunity to represent against the advise of the GPSC, before passing the final order of penalty. Learned counsel for the petitioner has submitted that this aspect has now been settled by various judgments of the Supreme Court and this Court, wherein it has been held that if the authorities consult the Union or the State Public Service Commission, as the case may be, and rely on its report for taking disciplinary action, then a copy of such report must be supplied, in advance, to the employee concerned, otherwise it would amount to a violation of the principles of natural justice.

3.1 Learned counsel for the petitioner has placed reliance upon the judgments of the Supreme Court in S.N. Narula Vs. Union of India and others, reported in (2011) 4 SCC 591 and Union of India and others Vs. S.K. Kapoor, reported in (2011) 4 SCC 589. Reliance has also been placed upon a judgment of this Court in B.J. Jadav Vs. State of Gujarat, reported in 2005 (2) GLH 334.

3.2 On the basis of the above, it is submitted that the impugned order of the dismissal be quashed and set aside.

4. Ms. V.S. Pathak, learned Assistant Government Pleader appearing for respondents Nos.1 and 2, has made s