HITUBHA C ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Art. 226 of the Constitution of India is filed with a prayer to issue a writ of mandamus or any other appropriate order quashing and setting aside the order of dismissal dated 8th april, 1993, confirmed in appeal vide order dated 27th July, 1993 and upheld by the Revisional Authority vide order dated 11th January, 1994, and reinstating the petitioner in service with all consequential benefits including back wages with interest.

(2.) THE short facts of the case are as under :

(3.) SHRI I. S. Supehia, learned Counsel for the petitioner, has challenged all the above orders passed by the authorities below on the ground that, for absence of half an hour, the petitioner is inflicted with a punishment of economic death like dismissal from service contrary to the Rules, Regulations and instructions framed by the State of Gujarat in conducting the departmental enquiry against the delinquent and against the provisions of Paragraph 7 (18)and Paragraph 9, sub-paragraph 2. 10 of the Guidelines issued by the State government in this regard, and therefore, the impugned order of dismissal deserves to be quashed and set aside. According to Shri Supehia, though a contention was raised before the Appellate authority and the Revisional authority about non-compliance of principles of natural justice, but the same was not dealt with and the aspect about consideration of past record of the petitioner without affording an opportunity to the petitioner vitiates the whole departmental proceeding and the previous misconduct is taken into consideration while imposing penalty without notice to the petitioner. Therefore, the impugned order of dismissal deserves to be quashed and set aside in view of the decisions of the Apex Court in the case of State of Mysore v. K. Manche Gowda, reported in AIR 1964 SC 506 (Para 9) and in the case of Ministry of Finance v. S. B. Ramesh, reported in AIR 1998 SC 853.