ALIMIYA GULAMRASUL SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner by way of present petition under Article 226 of the Constitution of India has prayed for issuance of an appropriate writ/order for quashing and setting aside the inquiry which was held by the respondents and the order dated 28.07.2005 passed by the respondent No.2 at Annexure-Z.

(2.) The brief facts giving rise to the present writ petition are as under:-

(3.) Learned advocate Mr.R.V.Deshmukh appearing for the petitioner submits that while allowing the Special Civil Application No.4848 of 2004, the respondents were directed to supply copy of the documents, and to provide him reasonable opportunity of being heard. It is submitted despite the said direction, the petitioner was not supplied all the relevant documents, and no opportunity of being heard was given before passing final order by the disciplinary authority. It is also submitted that the findings recorded by the Inquiry Officer as well as the disciplinary authority cannot be treated as findings.