LAWS(GJH)-1982-6-26

ASHABHAI RAMABHAI Vs. STATE OF GUJARAT

Decided On June 24, 1982
Ashabhai Ramabhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) A person cannot be dismissed or removed from service for a charge of remaining absent for three days from duty. This punishment imposed brings about the economic death of a person and also ruins the family. All pros and cons are not at all considered and the penalty awarded is on the face of it not only harsh but unjust. It appears that no attempt is made to weigh all pros and cons which were required to be done at the highest level when the petition was already pending in this court and with a hope that the highest officer would do proper justice, the petitioner had withdrawn the petition and put his life before the highest officer under whom he was working and unfortunately the highest officer did not perform his function justly and, therefore, court is required to interfere with this matter.