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HEMANT M. PRACHCHHAK
Hitesh Balvantrai Kothari – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :
(A) Quash and set aside the impugned punishment order dated 26.8.2010, Annexure-A to this petition, and
(B) Quash and set aside the order dated 2.7.2015, Annexure-B to this petition, and further be pleased to direct the respondent authorities to reinstate the petitioner in service, with all consequential benefits, and
(C) Pending admission and final disposal of this petition, the Honourable Court may be pleased to stay the operation, implementation and execution of the impugned orders dated 26.8.2010 and 2.7.2015, Annexure-A and B to this petition, and
(D) Award the cost of the present petition;
(E) Grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case.”
2. The brief facts giving rise to the present petition are as under :
2.1 The petitioner joined the service of the respondent authority
The main legal point established in the judgment is the limited scope of interference in disciplinary proceedings, emphasizing the need for evidence-based findings and the principles of proportionali....
The court cannot interfere in the findings recorded by the authority while exercising the jurisdiction under Article 226 of the Constitution of India. Doctrine of proportionality in the context of im....
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
Judicial review of disciplinary actions is limited; courts do not interfere unless findings are perverse or punishment is shockingly disproportionate.
Judicial review in disciplinary matters is limited; courts cannot reassess evidence or interfere unless findings are arbitrary or unsupported by evidence.
The main legal point established in the given judgment is the limited scope of judicial review in disciplinary inquiries and the principles of proportionality and the Wednesbury rule.
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