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2021 Supreme(Guj) 1169

NIKHIL S.KARIEL
GAURAV JERAMBHA PRAJAPATI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant :MR G M JOSHI, LD. SR. ADVOCATE with MR. JAY M THAKKAR
For The Respondent:MR UTKARSH SHARMA, AGP for Respondent State ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP

JUDGMENT :

1. Heard learned Sr. Advocate Mr.G. M. Joshi appearing with learned Advocate Mr.Jay Thakkar on behalf of the petitioner and learned AGP Mr.Utkarsh Sharma on behalf of the respondent Nos.1 to 3.

2. Issue Rule returnable forthwith. Learned AGP waives service of Rule. With the consent of the parties, the present petition is taken up for final decision.

3. A very short but interesting and important question arises for consideration of this Court in this petition. The question being "in a departmental proceeding, when the Disciplinary Authority disagrees with the findings of the inquiry officer, would the charge-sheeted officer be entitled to a copy of such disagreement, in spite of the Rules governing the inquiry not specifically requiring the same."

4. Facts leading to filing of the present petition in brief are as under:-

    4.1. That the petitioner was appointed as a Gujarat Administrative Service, Class-I Officer in the cadre of Deputy Collector in the year 1993 after the petitioner cleared the selection process for the same held by the Gujarat Public Service Commission ("GPSC" for short). For certain alleged acts of misconduct committed by the petitioner between 2002 and 2006,

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