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A. S. SUPEHIA
Jayantilal Pitamber Macwan (Makwana) – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of this petition, the petitioner challenges punishment order dated 27.06.2014 passed by the State Government, whereby the punishment of reduction in pension by Rs. 500/-per month for a period of three years came to be imposed upon the petitioner.
2. The brief facts of the case are as under:-
2.1 The petitioner had joined the service of the respondent authority on 14.11.1968. The petitioner has retired from service on attaining the age of superannuation on 31.05.2006.
2.2 While the petitioner was in the service of the respondent authority, the petitioner was served with a charge-sheet dated 09.04.2003 for the alleged misconduct committed by the petitioner. Thereafter, the respondent authority had also filed a Criminal Case against the petitioner for the commission of the alleged offence punishable under Section 409 of the Indian Penal Code, 1860 in connection with the said misconduct with Anand Rural Police Station, wherein the charge-sheet was filed by the investigating officer and the said case was registered as Criminal Case No: 774 of 2002 before the Court of Chief Judicial Magistrate at Anand.
2.3 After issuance of the charge-sheet to the petitioner, the dep
Article 351-A of CSR empowers the Governor to institute or continue inquiry after retirement.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
The Disciplinary Authority must provide a tentative opinion and an opportunity for hearing before disagreeing with the Inquiry Officer's findings, adhering to principles of natural justice.
The court emphasized that a departmental inquiry must adhere to statutory procedures and principles of natural justice; failure to do so invalidates the resulting punishment.
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
Disciplinary proceedings against government employees must be conducted fairly, based on adequate evidence, and require reasoned decisions to uphold the principles of natural justice.
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