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1 - 10 of 19 (2.18 seconds)Government Of India & Anr vs George Philip on 16 November, 2006
In this context, we may fruitfully quote a
passage from Government of India and another v. George
Philip:
State Of Punjab vs P.L. Singla on 31 July, 2008
27. Thus, the unauthorized absence by an employee, as a
misconduct, cannot be put into a straightjacket formula
for imposition of punishment. It will depend upon many
a factor as has been laid down in Dr. P. L. Singla (AIR
2009 SC 1149) (supra).
Article 300A in Constitution of India [Constitution]
Article 329 in Constitution of India [Constitution]
Chairman/Managing Director, U.P. ... vs Ram Gopal on 30 January, 2020
(ii) 2020 (0) AIJEL-SC 65706 - Chairman/
Managing Director, U.P. Power Corporation
Ltd., versus Ram Gopal
5.1 Learned advocate Ms.Roopal R. Patel for the
Gujarat Public Service Commission has submitted that the
role of respondent No.4 - GPSC is limited that has to be
discharged in tendering advice to the Government on the
aspect of quantum of punishment that can be imposed upon
the petitioner, taking into consideration the gravity of proved
charges against him; and that on conclusion of the
departmental inquiry, as per the Rule, advice of the GPSC
was sought for by the Disciplinary Authority on the aspect of
quantum of punishment; and that taking into consideration
the gravity and seriousness of the charges levelled against
the the petitioner, little dereliction and negligence in duty,
financial losses caused to the Government, lack of honesty in
performing the duties and keeping in view the valid reasons
provided by the Disciplinary Authority for imposing of
punishment, since the punishment proposed by the
department did not felt to be adequate by the GPSC, the
GPSC tendered its advice and imposed punishment in
question accordingly; and that it is imperative to consult the
Page 7 of 36
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NEUTRAL CITATION
C/SCA/13723/2020 JUDGMENT DATED: 01/08/2025
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GPSC in respect of matters concerning discipline in view of
Article 320(3)(C) of the Constitution of India as well as Rule
12 of the Gujarat Public Service Commission (Exemption from
Consultation), 1960.
Bipinchandra Parshottamdas Patel ... vs State Of Gujarat & Ors on 14 April, 2003
7.2 At this stage, it would be fruitful to refer to the
decision of this Court in the case of Harivadan
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C/SCA/13723/2020 JUDGMENT DATED: 01/08/2025
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Parshottambhai Patel versus State of Gujarat reported in
2024 (0) AIJEL-HC 247858, more particularly paras 6.1, 6.2
and 7 thereof, which read as under.
Harilal Hirjibhai Vaselia vs State Of Gujarat & 2 on 3 August, 2016
6.2 So far as the scope of interference by this Court
is concerned, it would be appropriate to refer to the
decision of this Court in case of Harilal Harjibhai
Vaselia Vs. State of Gujarat & 2, reported in [2016]
SCC OnLine Guj 2951 , wherein, this Court has
observed and held as under :
Krushnakant B. Parmar vs Union Of India & Anr on 15 February, 2012
22. Learned counsel for the respondent has commended
us to the decision in Krushnakant B. Parmar v. Union
of India and another to highlight that in the absence of
a finding returned by the Inquiry Officer or
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determination by the disciplinary authority that the
unauthorized absence was wilful, the charge could not be
treated to have been proved. To appreciate the said
submission we have carefully perused the said authority.
Tushar D. Bhatt vs State Of Gujarat & Ors on 12 February, 2009
In Tushar D. Bhatt v. State of Gujarat and another,
the appellant therein had remained unauthorisedly
absent for a period of six months and further had also
written threatening letters and conducted some other
acts of misconduct. Eventually, the employee was visited
with order of dismissal and the High Court had given
the stamp of approval to the same. Commenting on the
conduct of the appellant the Court stated that he was
not justified in remaining unauthorisedly absent from
official duty for more than six months because in the
interest of discipline of any institution or organization
such an approach and attitude of the employee cannot
be countenanced.