Gujarat Court January 2013 Judgments
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Nilaben W/O. Jitendrabhai Desai Vs. Union of India and Another
Court: Gujarat
Decided on: Jan-08-2013
Ravi R.Tripathi, J. 1. The present petition is filed by the petitioner, who was aged about 57 years in the year 2004 and had lost her husband. It is really painful to put on record that a limb of the Government i.e. Indian Railways is working more harsh than a Private blood-sucker. A poor lady having no other alternative joined as Substitute Railway Primary School Teacher on 06/02/1979. She was granted temporary status w.e.f. 07/10/1984 and at the end of 24 years of services, she has to accept Discontinuation, as she could not get selected in the process of selection for regularization. 2. This Court is at loss to understand that as to what she was doing for all these 24 years and what was the nature of selection, which she could not pass to get regularized. If she was so worthless that she cannot pass the simple test for regularization, then why she was continued by the railways for long 24 years. At the fag-end of her life and at the stage when she lost her husband, she has to accept...
K.G. Patel Vs. High Court of Gujarat and Another
Court: Gujarat
Decided on: Jan-07-2013
Oral Judgment: R.D. Kothari, J. 1. The short question that arises in this appeal is that in a case wherein Disciplinary and Inquiry Authority are different and upon completion of inquiry, Disciplinary Authority takes a different view on conclusion than the conclusion reached by the Inquiry Officer on the charges or any of the charge, then what procedure is to be followed In substance, the extent of applicability of the principles of natural justice, in such a situation, is in issue. 2. The facts relevant for the present appeal are very few: Mr. K.G.Patel, the then Civil Judge (J.D.) and J.M.F.C., Sanand, Ahmedabad (Rural) was dismissed from service by order dated 5.9.2002 (Annexure-G) in pursuance to conclusion reached in the inquiry. In the inquiry, there were six charges against him. All the charges were for indulging in corruption. The Inquiry Officer found that Charge Nos.1, 4, 5 and 6 are not proved, while charge No.2 was found to be proved and charge No.3 was found to be partly p...
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