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Gilbert Chhotalal Macwan – Appellant
Versus
Gujarat State Pharmacy Council – Respondent
JUDGMENT :
(1.) Rule returnable forthwith. Mr. Hemang Parikh, learned advocate appearing for the respondent waives service of notice of rule.
(2.) In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 21.08.2019 by which he has been dismissed from service.
(3.) Facts in brief would indicate that the petitioner was appointed as an Additional Registrar on 25.10.2010. Thereafter, as the post of Registrar fell vacant, the petitioner was so appointed on 28.01.2014. It is the case of the petitioner that the respondent no. 1 - Gujarat State Pharmacy Council was receiving various applications for registration of Pharmacists from candidates who had cleared their examination from a University outside the State. A sub-committee of the Council held a meeting and it was decided to request the Pharmacy Council of India to conduct a surprise inspection of various institutes and Universities situated outside Gujarat. It was also decided to request the Pharmacy Council of India to carry out the inspection.
3.1 At the 35th meeting of the Executive Committee held on 16.07.2018, the Executive Committee decided to do verification of the students and
It is open for the inquiry authority in its discretion to allow the presenting officer to produce evidence not included in the list given to the government servant or the inquiry authority may itself....
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
Admission of charges obviates the need for further inquiry in disciplinary proceedings.
The disciplinary authority's decision to remove the employee for financial misconduct was upheld, as the inquiry followed due process and the employee admitted to significant charges.
Disciplinary proceedings vitiate if an inquiry is conducted without serving proper notice to the delinquent, denying the right to cross-examine witnesses and failing to furnish a copy of the inquiry ....
The mandatory nature of the procedure under Rule 7 of the Rules of 1999 in disciplinary proceedings and the requirement to adhere to natural justice principles.
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