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HEMANT M. PRACHCHHAK
Hanifbhai Hasambhai Multani – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Present petition is filed by the petitioner under Article 226 of the Constitution of India for the following reliefs:-
(B) be pleased to pass such other and further order/orders in the interest of justice in the facts and circumstances of the case.
(C) Cost of this petition may please be provided for.”
2. The facts of the petition, in nutshell, are that the petitioner was employed as Unarmed Police constable in the year 1984 and was serving in Surat city and thereafter he was transferred from Surat city to Rajkot on 07.11.2001 on account of secret report / information received by the Commissioner of Police Surat city. That the petitioner preferred Special Civil Application No.11025 of 2011 challenging the transfer order before this Court whereby this Court (Coram: Hon’ble Mr.Justice P. P. Majmudar) rejected the petition on 20.01.2002. Thereafter, the Commissioner of Poli
The importance of natural justice and the right to be heard in employment disputes.
The main legal point established in the judgment is that disciplinary orders must comply with the principles and provisions of the applicable rules and regulations, including the requirement for vali....
The court considered the principles of Karma and the reformative theory of punishment in balancing disciplinary action with the well-being of the petitioner, a police officer.
The court emphasized the need for detailed investigation and disciplinary proceedings on substantiated allegations in transfer matters, highlighting the limited scope of judicial review and the impor....
The punishment imposed must be proportionate to the gravity of the proved charges, and the court will interfere only if the punishment is shockingly disproportionate.
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