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HIGH COURT OF GUJARAT
BIREN VAISHNAV, DEVAN M. DESAI
M N Shekh - Ex-Talati Cum Mantri – Appellant
Versus
Deputy District Development Officer – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. Both these appeals are filed against the common oral judgment dated 20.9.2019 passed by the learned Single Judge in Special Civil Application No.2408 of 2011.
2. Briefly stated before the learned Single Judge is that the disciplinary authority i.e. the District Development Officer, Sabarkantha District Panchayat had filed Special Civil Application No.2408 of 2011 challenging the judgment and order of the Gujarat Civil Services Tribunal at Gandhinagar dated4.12.2010.
3. By the aforesaid judgment and order, the Gujarat Civil Services Tribunal in an appeal filed by the appellant set aside the order of removal dated 14.2.2006 on the ground that the order was passed without assigning any reasons and considering a representation of the appellant.
4. The appellant was serving under the Panchayat and had during the course of his service, suffered departmental proceedings on account of three charge-sheets dated 08.07.1996, 6-8.12.1999 and 26.12.2000. After the Inquiry Officer submitted a report on these three charges holding some of the charges as proved and some partly proved, the disciplinary authority imposed an order of removal from service on 7.1.2002. That
Disciplinary authorities must provide reasons for penalties and consider employee representations; failure to do so violates natural justice principles.
The disciplinary and appellate authorities must consider the petitioner's contentions in the proceedings and address them in their orders to ensure reasoned decisions and application of mind.
The disciplinary and appellate authorities must consider the petitioner's contentions and apply their minds when passing orders. The entitlement to back wages is discretionary and should be determine....
Employer is also entitled to prove it otherwise against the employee, namely, that the employee was gainfully employed during the relevant period and hence not entitled to claim any back-wages. The n....
Disciplinary proceedings must adhere to procedural fairness, including the necessity of evidence and consideration of the employee's defense, to ensure just outcomes.
The main legal point established in the judgment is the requirement for the disciplinary authority to follow the principles of natural justice, record tentative reasons for disagreement with the inqu....
The tribunal's decision to remand for lesser punishment was justified based on the principle of proportionality in disciplinary actions.
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