Kiran Narendrabhai Solanki vs. New India Insurance Company Ltd

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 14497 of 2017

========================================================== KIRAN NARENDRABHAI SOLANKI Versus NEW INDIA INSURANCE COMPANY LTD & 3 other(s) ========================================================== Appearance: MR DEVDIP BRAHMBHATT(3490) for the Petitioner(s) No. 1 MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 1,2,3,4

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CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

Date : 09/07/2021

ORAL ORDER

Heard Mr.Devdip Brahmbhatt, learned advocate for the petitioner. He has submitted that the appeal, preferred against the order of Disciplinary Authority imposing major penalty of compulsory retirement of the petitioner, which has come to be determined without affording any opportunity of hearing to the petitioner.

Mr.Vibhuti Nanavati, learned advocate for the respondents submitted that the rules do not expressly provide affording hearing at appellate stage before Appellate Authority as it is exercising jurisdiction as if second Appellate Authority against the order of Disciplinary Authority.

In absence of any express provision for affording hearing or express denial of hearing, principles of natural justice requires that Appellate Authority may hear the appellant before it. Since it is a first appeal against the order imposing penalty in the nature of compulsory retirement, howsoever the grave case may be, the Appellate Authority, prima-facie, subject of final outcome of this petition, is required to hear the appellant.

Hence, Rule returnable on 19th July, 2021.

Mr.Vibhuti Nanavati, learned advocate for the resopndents waives service of notice of rule.

ASHISH M. GADHIYA

(UMESH A. TRIVEDI, J)