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NIKHIL S. KARIEL
BANSIDHAR S. PARMAR – Appellant
Versus
B. S. PATEL – Respondent
| Table of Content |
|---|
| 1. background of the case and allegations (Para 2) |
| 2. arguments regarding the legality of the charge-sheets (Para 3) |
| 3. court's analysis on the charge-sheets and legal principles (Para 4 , 6 , 7 , 8 , 9) |
| 4. conclusion and orders set aside disciplinary actions (Para 10 , 11) |
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned Advocate Mr. Manan Paneri on behalf of the learned Advocate Mr. Deepak M. Shah, learned Assistant Government Pleader Mr. Hardik Soni on behalf of the respondent no. 2 and learned Advocate Mr. H.S. Munshaw for the respondent nos. 1, 3 and 4.
2. By way of this petition, the petitioner has sought to assail an order passed by the respondent no. 6-Gujarat State Land Development Corporation dated 03.09.2007 confirmed vide order dated 24.12.2007, more particularly, whereby the petitioner has been imposed with punishment of being placed in the lowest scale in the cadre of Head Clerk for a period of one year without future effect.
3. Learned Advocate Mr. Paneri would submit that in the present case, the petitioner has been punished after a departmental inquiry for charges for which the petitioner had faced an inquiry which has resulted in issuance of a warning to t
Issuing a second charge-sheet based on previously unproven allegations is impermissible under the principle of public policy, reinforcing protection against double jeopardy in disciplinary proceeding....
The second charge sheet issued after withdrawal of the first was invalid due to lack of jurisdiction, emphasizing fair process in disciplinary proceedings.
Second disciplinary proceeding on same charges without dropping first constitutes double jeopardy, violating Art.20(2).
The withdrawal of a charge memo does not necessarily nullify the proceedings, and pendency of disciplinary proceedings can be a valid reason for denying promotion.
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