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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, L. S. PIRZADA
B H Dave Since Deceased Through His Heirs Hansaben Balchandra Dave – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. background of the appellant's disciplinary proceedings. (Para 3) |
| 2. appellant's arguments against the disciplinary actions. (Para 4) |
| 3. court's view on the conduct of the inquiry and previous rulings. (Para 6 , 7) |
| 4. final dismissal of the appeal. (Para 8) |
ORDER :
(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)
1. Heard learned advocate Mr. Vaibhav Vyas for the petitioner and learned Assistant Government Pleader Ms. Shruti Dhruve for the respondents.
2. By this appeal under Clause 15 of the Letters Patent Act, the appellant- original petitioner has challenged the order dated 20.02.2024 passed by the learned Single Judge in Special Civil Application No. 21266/2007.
3. Brief facts of this appeal are as follows:
3.1 The appellant joined the service on 05.03.1983 as direct recruit Store Keeper and in due course, he was promoted to the post of Forman (Class- III) on 24.11.1992. At the relevant point of time, the appellant was also given charge of In-charge Principal (Class-II).
3.2 It is the case of the appellant that the charge-sheet was issued on 18.10.2003 for the charges which were denied by the appellant by defense statement dated 17.04.2004. The appellant had submitted hi
Judicial review of disciplinary proceedings is limited to evaluating the inquiry process's fairness, with the onus generally on the authority to establish charges against the employee.
The court held that disciplinary authority's punishment must be proportionate to the misconduct, and failure to adhere to natural justice principles can warrant judicial intervention.
Judicial review in disciplinary proceedings limited to natural justice compliance, evidence existence, and perversity; no re-appreciation of evidence or penalty proportionality unless shocking consci....
The power of judicial review, of the Constitutional Courts, is an evaluation of the decision-making process and not the merits of the decision itself. It is to ensure fairness in treatment and not to....
Judicial review in disciplinary matters is limited to procedural compliance, not reappraisal of evidence or merits of punishments.
The court upheld the dismissal of the petitioner, emphasizing adherence to natural justice and the limited scope of judicial review in disciplinary proceedings.
Disciplinary action necessitates adherence to statutory rules, including providing a disagreement note when diverging from inquiry findings, as failure to do so violates principles of natural justice....
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