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Gujarat High Court · body

1992 DIGILAW 264 (GUJ)

DHUDABHAI AMRABHAI BHAGAT v. STATE

1992-08-25

V.H.BHAIRAVIA

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BHAIRAVIA, J. ( 1 ) * * * * * ( 2 ) ). It has been submitted by Mr. S. K. Zaveri, learned Counsel for the respondents that view taken in the case reported in (1979) XX GLR 109 (H. P. Thakore v. State of Gujarat) is not applicable to the facts of the present case. I see no substance in this submission. This Court has even jurisdiction and powers under Art. 227 of the Constitution to look into the grievances raised in a petition under Art. 227 as this Court has supervisory powers over subordinate Courts and if any irregularity or illegality is committed or any view which is contrary to law is taken, as is the case in this petition, this Court can certainly correct it. Looking to the charges held proved by both the authorities, they are not so serious and grave involving honesty and integrity of a public servant and which warrant extreme penalty of removal from service. Charges so proved are not serious and does not warrant extreme penalty. Removal from service is economic death for a employee and it should be resorted to only as a last resort. Hence, in my view, the order of dismissal passed by the disciplinary authority, i. e. . Deputy D. D. O. , Banaskantha (Annexure d) requires to be quashed and set aside and, therefore, the consequential order of Gujarat Service Tribunal (Annexure e) also requires to be quashed and set aside and the petitioner is entitled to be reinstated in service with full back wages and all other consequential benefits. This petition, therefore, requires to be allowed. .