https://www.taxtmi.com/caselaws?id=272063 When a disciplinary authority disagrees with an inquiry officer's exonerating findings, Rule 10(2) of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 requires it to record tentative reasons for disagreement and give the delinquent employee a meaningful opportunity to respond before final findings are entered. A merely conclusionary or non-specific notice does not satisfy natural justice and vitiates the punishment. Here, the reasons communicated were found inadequate and the opportunity of hearing was only an empty formality, so the penalty order was set aside. The Court also declined remand, noting the long lapse of time and the employee's death, which made fresh disciplinary proceedings purposeless. en-us Tue, 23 Feb 2016 00:00:00 +0530 Thu, 25 Feb 2016 09:52:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=272063 When a disciplinary authority disagrees with an inquiry officer's exonerating findings, Rule 10(2) of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 requires it to record tentative reasons for disagreement and give the delinquent employee a meaningful opportunity to respond before final findings are entered. A merely conclusionary or non-specific notice does not satisfy natural justice and vitiates the punishment. Here, the reasons communicated were found inadequate and the opportunity of hearing was only an empty formality, so the penalty order was set aside. The Court also declined remand, noting the long lapse of time and the employee's death, which made fresh disciplinary proceedings purposeless. Case-Laws VAT and Sales Tax Tue, 23 Feb 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=272063