N R PATEL Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, direction and order to quash and set aside the departmental inquiry conducted against him by the Disciplinary Authority (hereinafter referred to as the "High Court") on its administrative side as well as impugned order dated 5.9.2006 passed by the High Court dismissing the petitioner from service as well as consequential order dated 5.10.2006 passed by the Government of Gujarat.

(2.) THE facts leading to the present petition in nutshell are as under:

(3.) SHRI K.M. Patel, learned Senior Advocate appearing on behalf of the petitioner has vehemently submitted that at the time when the disciplinary authority (High Court) exercised the powers under Section 10 of the Rules and disagreed with the inquiry report which was in favour of the petitioner, no opportunity was given to the petitioner. It is submitted not only that but even the inquiry officer came to be changed and on remand the inquiry was handed over to another officer. It is submitted not only that even the copy of the order sending the matter to the another inquiry officer was also not given to the petitioner at the relevant time and the same was given subsequently. It is submitted that therefore, entire departmental inquiry initiated on remand is vitiated and against the principles of natural justice which deserves to be quashed and set aside. In support of his above submission, Shri K.M. Patel, learned Senior Advocate appearing on behalf of the petitioner has relied upon the decision of the Hon'ble Supreme Court in the case of Mathura Prasad vs. Union of India and Others, 2007 AIR(SC) 381.