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HEMANT M. PRACHCHHAK
Narendrakumar Dahyalal Jani – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. The petitioner has preferred present petition, under Articles 226 and 227 of the Constitution of India and challenged show-cause-notice dated 25.11.2014 as well as charge-sheet with below mentioned prayers:
(B) That this Hon’ble court be pleased to issue any appropriate writ order or direction and or to be pleased to quash, set aside the show cause notice dated 25/11/2014 issued by respondent no. 2 as well as the charge-sheet.
(C) That pending hearing and final disposal of the petition, stay the implementation and execution of the show cause notice dated 25/11/2014 passed by the respondent No. 2 and be further please to release the amount of gratuity and other pensionary benefits amounts lawfully due to the petitioner for his post retiremental survival.
(D) That this Hon’ble court be pleased to pass any other and further orders in the interest of justice.”
2. The short facts giving rise to present petition are that the petitioner joined services as a Junior Clerk in Ahmedabad District Panchayat on 3/8/1981. Thereafter, he was promoted on 20/9/2002 as Senior Clerk and was poste
The main legal point established in the judgment is the quashing of the charge-sheet and show-cause-notice due to gross delay in initiation of proceedings by the concerned respondents, which caused m....
The requirement of valid sanction, limitation on initiating action after retirement, and the necessity of specific charges for fair opportunity for defense.
Prolonged delays in disciplinary proceedings can undermine their validity, especially if an employee has been promoted despite alleged misconduct.
Gratuity and other pensionary benefits - petitioner could not have been held responsible for the computers not found after his date of retirement- Inquiry Officer has not given any reason to hold the....
The delay in concluding disciplinary proceedings, without proper justification, can amount to an abuse of process and lead to grave injustice, harassment, and mental agony to the affected party.
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