Employee Can’t Be Terminated From Service Despite Conviction By Court In Absence Of Show Cause Notice & Opportunity To Reply
Case: Ramsingbhai Saburbhai Patel vs State Of Gujarat
Coram: Justice Biren Vaishnav
Case No.: C/SCA/22629/2019
Court Observation: “it is borne out that termination of service without issuance of a notice prior to the order and without considering the reply of the petitioner was bad.”
“conviction, therefore cannot be utilised for passing an order of dismissal blindfoldedly without hearing the delinquent on the question of sentence.”
“It is thus considered an essential requirement that before disciplinary authority passed the order of dismissal against the respondent who was convicted of criminal charge to give show- cause notice and to consider the reply given to the show-cause notice.”
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Keywords
Terminated From Service, Opportunity To Reply
