T. L. MISTRY Vs. STATE OF GUJARAT
LAWS(GJH)-1983-8-28
HIGH COURT OF GUJARAT
Decided on August 08,1983

T. L. Mistry Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

PER NANAVATI, J. - (1.) There is not a word either in the report of the review committee or the reply of the Government to show that the material on the basis of which the charge sheet was issued and the reply filed by the appellant thereto were considered by the review committee or the Government before passing the impugned order of compulsory retirement. With respect to the charges other than constructing a house, it is also worth noting that no such remarks are to be found in the confidential reports of the years 1976 and 1977. They relate to the nature of his work and normally should have been reflected in his confidential reports. All these aspects were really required to be considered by the Government before deciding to compulsorily retire the appellant. A mere suspicion regarding his integrity entertained without properly considering the relevant material cannot justify compulsory retirement of a Government servant from service. Appeal allowed. ;


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