V S RAVAL Vs. STATE 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, order or direction quashing and setting aside the order of dismissal as confirmed by the Reviewing Authority and has further prayed to reinstate the petitioner in service.

(2.) The facts leading to the present Special Civil Application in nutshell are as under:

(3.) Shri Supehia, learned Advocate appearing on behalf of the applicant has vehemently submitted that after the Disciplinary Authority disagreed with the findings of the Inquiry Officer and the show cause notice was issued and when the petitioner has replied to the same and made representation, before passing passing the impugned order of dismissal a specific finding ought to have been given by the Disciplinary Authority considering the representation submitted by the petitioner and the Disciplinary Authority ought to have given specific finding by giving cogent reasons disagreeing with the findings of the Inquiry Officer and holding the petitioner guilty. Shri Supehia, learned Advocate appearing on behalf of the petitioner has relied upon the decision of the Hon'ble Supreme Court in the case of Ranjit Singh v/s Union of India & Ors, 2006 AIR(SCW) 2177. It is submitted that even in a case where the Disciplinary Authority proposing to disagree with the findings of Inquiry Officer issuing show cause notice to delinquent and there was no reply filed by the delinquent to the show cause notice, in that case, the Hon'ble Supreme Court has held that it was obligatory on the part of Disciplinary Authority to analyze materials on record afresh and has to give specific reasons and specific findings and the Disciplinary Authority cannot merely rely on reasons disclosed by him in his show cause notice. Therefore, it is requested to allow the present Special Civil Application.