Case Note & Summary
The petitioner challenged disciplinary proceedings and a punishment order through a writ petition under Article 226 of the Constitution of India. The Court found that the disciplinary authority had issued a show-cause notice that concluded charges were proved before hearing the petitioner, repeating a procedural error previously corrected by the Court. This violated principles of natural justice. The Court quashed the impugned notice and punishment order, remanding the matter to the disciplinary authority for fresh proceedings. The authority was directed to issue a proper show-cause notice, grant hearing opportunity, decide afresh, and complete the process within three months considering the petitioner's age. The petition was partly allowed.
Headnote
The High Court of Gujarat at Ahmedabad -- In a petition filed under Article 226 of the Constitution of India -- Quashed and set aside the show-cause notice dated 03.04.2013 and punishment order dated 07.10.2013 -- Held that the disciplinary authority repeated the same procedural mistake that was earlier quashed by the Court -- The show-cause notice concluded that charge Nos. 1 and 2 were proved before granting the petitioner an opportunity to be heard -- This violated principles of natural justice -- The matter was remanded back to the disciplinary authority for fresh consideration -- The authority was directed to issue a fresh show-cause notice without repeating the earlier mistake -- Grant the petitioner an opportunity of hearing -- Decide the alleged misconduct afresh in accordance with law -- Provide tentative reasons for agreement with the Inquiry Officer's view -- Complete the exercise within three months considering the petitioner's advanced age of 80 years
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Issue of Consideration: The Issue of whether the disciplinary authority violated principles of natural justice by issuing a show-cause notice that pre-judged the outcome by concluding that charges were proved before hearing the petitioner
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Final Decision
The petition was partly allowed -- The show-cause notice dated 03.04.2013 and punishment order dated 07.10.2013 were quashed and set aside -- The matter was remanded to disciplinary authority for fresh consideration -- Authority directed to issue fresh show-cause notice without repeating earlier mistake -- Grant opportunity of hearing to petitioner -- Decide alleged misconduct afresh in accordance with law -- Complete exercise within three months -- Rule made absolute to aforesaid extent -- No order as to costs
