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SANDEEP N. BHATT
Champak Chimanlal Morakhia – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
1. The present petition is filed praying for the following reliefs :
(A) Your Lordships may be pleased to quash and set aside order of respondent authority dated 21.9.1999 as confirmed by respondent appellate authority by order dated 23.3.2004 as well as order of respondent authority dated 9.3.2011 refusing to review and reconsider punishment and be further pleased to declare that the punishment of dismissal imposed against petitioner is extremely harsh and same would be required to be replaced by any punishment other than dismissal and with such direction, be pleased to direct respondents to reconsider his case sympathetically.
(B) Pending admission, hearing and final disposal of this petition, Your Lordships be pleased to grant relief as prayed for in para 14(A) as interim or ad interim relief in interest of justice.
(C) Grant such other and furt
The rejection of benefits must be based on a proper application of mind, and disciplinary action must be conducted expeditiously with appropriate evidence.
A dismissal order may be upheld if the employee fails to assert timely challenges and does not provide credible explanations for absence or delay, aligning with principles of administrative law.
The court emphasized the importance of providing the petitioner with the decision of the appellate authority and allowing the petitioner the opportunity to meet the grounds for rejection of the appea....
The Appellate Authority is required to consider the findings of the disciplinary authority as to whether they are justified and whether the penalty imposed upon the delinquent is adequate and accordi....
Disciplinary proceedings must adhere to principles of natural justice, especially when dismissal is involved, requiring adequate time for the employee to respond.
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