Hearing on quantum of punishment

Querist : Anonymous (Querist) 08 September 2011 This query is : Resolved
my friend was judge in Gujarat. he was first suspended and after departmental inquiry started. after completion of inquiry the high court has taken decision that charges against the judge are proved. the high court asked explanation of judge against their decision and also asked that they would provide personal hearing if the judge wants. then written explanation sent to high court and also sent a letter that the judge is ready for personal hearing and he asked personal hearing.but then the high court has dismissed said judge without giving him a opprtunity of personal hearing. my question is , whether the passing of dismissal order without giving opportunity of personal hearing is legal or not. and, is there any supreme court judgement in this regard?8/9/2011.

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R.Ramachandran (Expert) 08 September 2011
Opportunity had already been given to your friend by way of enquiry. That is more than sufficient. There is no need for further personal hearing before inflicting the punishment, which in this case turns out to be "dismissal".
Your friend knows very well that he will not be able to get over his problems by these flimsy defences or objections.

ajay sethi (Expert) 08 September 2011
the high court must have after consideration of various facts taken a judicious decision to dismiss him . the fact that departmental inquiry was conducted , opportunity was offered to suspended judge to give his say in matter is sufficent .

Guest (Expert) 08 September 2011
After the regular departmental inquiry, if it is considered to inflict the penalty of dismissal, the disciplinary authority provides an opportunity to the charged officer either to represent against the proposed decision, or can straightaway ask for personal hearing and represent his cause during personal hearing, if allowed. In this case probably your friend would have made a written represntation against the proposed penalty. Now he can make an appeal to the prescribed appellate authority against the orders of the disciplinary authority.