https://www.taxtmi.com/caselaws?id=428951 A departmental dismissal under the Gujarat Civil Services (Discipline and Appeal) Rules was held unsustainable because the major penalty inquiry did not prove the charges through oral and documentary evidence and did not permit the scrutiny required by Rule 9(13). The inquiry relied mainly on the employee's reply, the presenting officer's submissions, and investigative material, without examining witnesses or establishing the articles of charge through admissible material. Such reliance on unproved investigation material, conjecture, or surmise breached natural justice and could not support a finding of guilt. The dismissal was quashed, reinstatement with consequential benefits followed, and a fresh inquiry was left open from the specified stage. en-us Tue, 13 Sep 2022 00:00:00 +0530 Fri, 14 Oct 2022 21:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=428951 A departmental dismissal under the Gujarat Civil Services (Discipline and Appeal) Rules was held unsustainable because the major penalty inquiry did not prove the charges through oral and documentary evidence and did not permit the scrutiny required by Rule 9(13). The inquiry relied mainly on the employee's reply, the presenting officer's submissions, and investigative material, without examining witnesses or establishing the articles of charge through admissible material. Such reliance on unproved investigation material, conjecture, or surmise breached natural justice and could not support a finding of guilt. The dismissal was quashed, reinstatement with consequential benefits followed, and a fresh inquiry was left open from the specified stage. Case-Laws VAT and Sales Tax Tue, 13 Sep 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=428951