B J JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition, the main issue that is required to be considered is whether the Disciplinary Authority can rely upon the advice rendered by the Gujarat Public Service Commission (hereinafter to be referred to as "GPSC" for short) without supplying a copy thereof to the delinquent Government servant.

(2.) Facts leading to the present petition are as follows:

(3.) Being aggrieved by the said order of penalty dated 11.9.04, the petitioner has filed the present petition. Though in the petition several grounds have been raised for challenging the order of penalty dated 11.9.04, learned counsel for the petitioner, however, submitted that one of the grounds that the petitioner has raised in this petition for challenging the order of penalty is that the Disciplinary Authority has taken into account the advise of the GPSC for imposing the said punishment without supplying a copy thereof to the petitioner. Counsel for the petitioner submitted that if this ground is accepted by the Court, it would not be necessary to go into other grounds raised by the petitioner in order to challenge the impugned order and that the matter shall have to be remanded to the Disciplinary Authority to proceed further from the stage of supplying a copy of the advise of the GPSC and to permit the petitioner to make his representation with regard to the contents thereof. He, therefore, submitted that without prejudice to his other contentions raised in this petition, the petitioner would be confining the entire challenge to the impugned order of penalty only on one ground at this stage. He submitted that the petitioner, however, would reserve liberty to raise other contentions in future, if need so arises.