VAIBHAVI D. NANAVATI
D. P. Teraiya – Appellant
Versus
State Of Gujarat Through Secretary – Respondent
JUDGMENT :
1. Heard Mr.Samir Gohil, learned advocate appearing for the petitioner and Ms.Pooja Ashar, learned A.G.P. appearing for the respondent – State.
2. By way of the present petition, the petitioner herein is aggrieved by the impugned order dated 06.07.2010 passed by the respondent – State, duly produced at Annexure-F whereby, the respondent – State has imposed penalty of 100% pension cut for 20 years on the petitioner and to refund the amount, if any, deducted from the pension of the petitioner with 10% interest.
3. Being aggrieved by the aforesaid action undertaken by the respondent – State, the petitioner herein is constrained to approach this Court and has prayed for the following reliefs:-
(A) Quashing and setting aside the order dated 06.07.2010 imposing the penalty of 100% pension cut for 20 years on the petitioner, and to refund the amount, if any deducted from the pension of the petitioner with 10% interest.
(B) During the pendency and final disposal of this petition, the Respondent may be directed to suspend further operation of pen
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P. D. Agrawal vs. State Bank of India & Ors.
Ranjit Singh vs. Union of India & ors. AIR 2006 SC 3685.
S.P. Malhotra vs. Punjab National Bank
State Bank of India & Ors. v/s K.P.Narayanan Kutty
State Bank of India vs. K.P.Narayan Kutti
Union of India vs. S.K. Kapoor reported in (2011)4 SCC 589
Yoginath B. Bagde vs State of Maharashtra (1999) 7 S.C.C. 739
Yoginath D. Bagde vs. State of Maharashtra & Anr. AIR 1999 SC 3374
The Disciplinary Authority must provide a tentative opinion and an opportunity for hearing before disagreeing with the Inquiry Officer's findings, adhering to principles of natural justice.
The main legal point established is the requirement to adhere to principles of natural justice, including the disclosure of reasons for decisions and the supply of vital materials considered before i....
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
The court established that non-compliance with procedural requirements, particularly the supply of relevant documents, violates natural justice and invalidates disciplinary actions.
Article 351-A of CSR empowers the Governor to institute or continue inquiry after retirement.
The disciplinary authority must show a difference of opinion with the enquiry officer's finding before inflicting punishment and provide an opportunity for representation.
Disciplinary proceedings against government employees must be conducted fairly, based on adequate evidence, and require reasoned decisions to uphold the principles of natural justice.
Point of Law- The word “consider”, is of great significance. Its dictionary meaning of the same is, “to think over”, “to regard as”, or “deem to be”. Hence, there is a clear connotation to the effect....
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