Sureshbhai Jivanlal Rathod vs Gujarat Civil Services Tribunal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates:
For the Appellants/Petitioners: Dipan Desai
For the Respondents: Nidhi Vyas

Table of Content
1. procedural initiation of writ petition and scope of relief sought. (Para 1 , 2 , 3 , 4)
2. factual basis of disciplinary inquiry and initiation of challenge. (Para 5)
3. summary of rival contentions regarding procedural fairness and evidence. (Para 6 , 7 , 8)
4. requirement to examine witnesses in disciplinary inquiries to prove charges. (Para 9 , 10 , 11 , 12)
5. mandatory requirement for authorities to provide reasoned speaking orders. (Para 13 , 14)
6. final adjudication, quashing of unsustainable orders, and granting of relief. (Para 15 , 16 , 17)

JUDGMENT

1. Heard Mr. Dipan Desai, learned advocate for the petitioner and Ms. Nidhi Vyas, learned AGP for the respondents.

2. With the consent of the learned advocates appearing for the respective parties, the present matter is taken up for hearing.

3. Rule returnable forthwith. Ms. Nidhi Vyas, learned AGP waives service of notice of Rule for and on behalf of the respondents.

4. The present petition is filed under Articles 226 and 227 of the Constitution of India, seeking the following relief:-

“A. The Hon’ble Court be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ