Back
HEMANT M. PRACHCHHAK
Ashokbhai Kantibhai Vataliya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of present petition, under Articles 14, 16, 21 and 226 of the Constitution of India, the petitioner has challenged order dated 21.2.2015 passed by respondent No.3 and order dated 17.8.2015 passed by respondent No. 2 dismissing the service of the petitioner and prayed inter alia that:-
(B) Pending the hearing and final disposal of the petition, be pleased to stay the implementation, execution and operation of the impugned order dated 21/2/2015 passed by the respondent no.3 [Annexure-A] and order dated 17/8/2015 passed by the respondent no.2 [Annexure-A].
(C) To grant any such other and further reliefs as this Hon'ble Court deems just and proper in the facts and circumstances of the case.
(D) To award cost of the petition."
2. The brief facts giving rise to present petition are that the petitioner was selected for the post of Junior Clerk and was appointed as such on 22/9/1981 by the respondent no.2 University.
The court upheld the impugned punishment order as sustainable in the eyes of the law.
The court emphasized the limited scope of judicial review in disciplinary proceedings, highlighting the discretionary power of the disciplinary authority to impose appropriate punishment and the impo....
In disciplinary proceedings for misappropriation, judicial review is limited; cannot re-appreciate evidence or substitute views if inquiry fair, findings based on some evidence, and punishment propor....
The court upheld the dismissal of a government employee for embezzlement, affirming that disciplinary authority's findings are binding unless proven perverse.
Disciplinary proceedings must comply with principles of natural justice, including the right to inspect evidence and the necessity for clear, specific charges; failure to do so can render the proceed....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
