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A. S. SUPEHIA, MAUNA M. BHATT
STATE OF GUJARAT – Appellant
Versus
KETANKUMAR MADHAVJIBHAI VANANI – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. Admit. Learned advocate Mr. Sanchela waives service of notice of admission for and on behalf of the respondent.
2. The learned Single Judge in the impugned judgment and order dated 18.12.2023 passed in the captioned writ petition, which is assailed in the present appeal, has decided the writ petition on the sole issue which has been recorded in paragraph No. 7.1 of the judgment relating to the provisions of Rule 11(1)(a) of the Gujarat Civil Services (Disciplinary and Appeal) Rules, 2002. It appears that no other contentions were raised before the learned Single Judge.
3. The respondent, who was serving as a Chief Officer, was issued a charge-sheet dated 25.04.2023. A bare perusal of the charge-sheet reveals that the same is issued under Rule 11 Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971 (for short “the Rules, 1971”) alleging violation of the provisions of the Gujarat Civil Services (Conduct) Rules, 1971 more particularly sub-rule (2) of Rule 3(1) and sub-rule (b) of Rule (3A). Thus, the charge-sheet itself reflects that the same is issued under Rule 11 of the Rules, 1971. Thus, there appears to be typing mistake in the order passed by t
The disciplinary authority can impose minor penalties without a full inquiry if it finds such inquiry unnecessary after reviewing the charge-sheet response.
Disciplinary authorities must adhere to procedural rules post charge-sheet and cannot impose penalties without conducting a proper inquiry, ensuring principles of natural justice are respected.
The main legal point established in the judgment is that disciplinary proceedings must adhere to the provisions of the relevant disciplinary rules and acts, and the penalty imposed must be commensura....
Disciplinary proceedings initiated by an authority subordinate to the appointing authority do not violate Article 311; the standard for punishment must align with proven misconduct.
Disciplinary authorities must issue reasoned orders and apply due process to ensure adherence to the principles of natural justice, safeguarding employees against arbitrary judgments.
A valid departmental inquiry requires adherence to procedural safeguards, including the establishment proving charges through evidence, or it is deemed invalid.
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