Amrutlal Ramjibhai Rathod vs The State Of Gujarat

Gujarat High Court

Amrutlal Ramjibhai Rathod vs The State Of Gujarat on 9 June, 2025

Author: Nikhil S. Kariel

Bench: Nikhil S. Kariel

                                                                                                                NEUTRAL CITATION




                            C/SCA/7306/2025                                    JUDGMENT DATED: 09/06/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 7306 of 2025


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

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                                   Approved for Reporting                     Yes           No
                                                                              √
                      ==========================================================
                                               AMRUTLAL RAMJIBHAI RATHOD
                                                          Versus
                                               THE STATE OF GUJARAT & ORS.
                      ==========================================================
                      Appearance:
                      MR KIRTIDEV R DAVE(3267) for the Petitioner(s) No. 1
                      MS NIRALI SARDA, AGP for the Respondent(s) No. 1,2,3
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                           CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                                        Date : 09/06/2025
                                                        ORAL JUDGMENT

1. Heard learned Advocate Mr. Kirtidev R. Dave for the petitioner and learned AGP Ms. Nirali Sarda for the respondent-State.

2. By way of this petition, the petitioner challenges decision dated 28.06.2023 passed by the respondent authorities, whereby the petitioner has been dis-entitled for grant of second higher pay scale, more particularly on the ground that the petitioner had been imposed with a penalty during the period in which the petitioner was entitled for grant of the higher pay scale.

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NEUTRAL CITATION C/SCA/7306/2025 JUDGMENT DATED: 09/06/2025 undefined

3. Learned Advocate Mr. Kritridev Dave for the petitioner would submit that the petitioner, originally had been imposed with a penalty of reduction in the time scale to the minimum in the post of Junior Clerk and whereas ultimately, vide an order dated 29.06.2020, the Gujarat Civil Services Tribunal has modified the punishment to the extent of placing the petitioner in the lowest scale on the post, on which the petitioner was working at the time of the incident.

3.1 Learned Advocate Mr. Dave would rely upon Government Resolution dated 15.09.2015 and would submit that the said Resolution inter alia lays down the procedure for grant of higher pay scale as regards an employee who has faced a departmental inquiry etc. Learned Advocate would rely upon Clause (4)(a) of the said Resolution whereby it has been inter alia mentioned that in case of an employee imposed with a minor penalty pursuant to a departmental proceeding, then the higher pay scale should be paid from the date of entitlement. Learned Advocate would submit that the punishment imposed upon the petitioner being minor in nature, the respondent authorities had erred in passing the order dated 28.06.2023, whereby the respondent authorities have deemed the petitioner not entitled for grant of higher pay grade.

4. On the other hand, learned AGP Ms. Nirali Sarda for the Page 2 of 8 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Thu Jun 12 2025 Downloaded on : Thu Jun 12 21:33:02 IST 2025 NEUTRAL CITATION C/SCA/7306/2025 JUDGMENT DATED: 09/06/2025 undefined respondent-State would draw the attention of this Court to Rule 6 of the Rules and would submit that the petitioner has been imposed with punishment under Sub-rule (5) of Rule 6 i.e. reduction to a lower time scale of pay and whereas it is submitted by learned AGP that the said punishment, would not be a minor penalty, rather it would be a major penalty. Learned AGP would draw the attention of this Court to Rule 8(2) of the Rules which inter alia clarifies that penalties specified in Item Nos.

(1) to (3) of Rule 6 would be minor penalties, whereas penalties specified in Item Nos. (4) to (8) of Rule 6 would be major penalties. Learned AGP would submit that the petitioner having been reduced to a lower time scale of pay, not for a specified period, it would be a major penalty and under such circumstances, the petitioner was rightly denied the benefit of higher pay grade.

5. At this stage, it would be appropriate to reproduce Rule 6 as well as Rule 8(2) of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 (for short "the Rules") .

"Rule 6. Nature of Penalties : -

Without prejudice to the provision of any law for the time being in force, the following penalties may, for good and sufficient reasons, be imposed upon any member of the State, Subordinate or [Inferior Service] namely.

NEUTRAL CITATION C/SCA/7306/2025 JUDGMENT DATED: 09/06/2025 undefined Minor Penalties [(1) Censure] (2) Withholding of increments or promotion.

(3) Recovery from his pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of orders.

(4) Reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increment of pay during the period of such reduction and whether on the expiry of such period the reduction will or will not have the effect of postponing the further increments of pay.

(5) Reduction to a lower time scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government servant to the time scale of pay, grade, post or service from which, he was reduced, with or without further direction regarding conditions of restoration to the grade or post or service from which the Government servant was reduced and his seniority and pay on such restoration to that grade, post or service.

(6) Compulsory retirement.

(7) Removal from service which shall not be a disqualification for future employment under Government.

(8) Dismissal from Service which shall ordinarily be a disqualification for future employment under Government.

Explanation : The following shall not amount to a penalty within the meaning of this rule :-

(1) Withholding of increments in pay of a Government Servant for failure to pass a departmental or other examination with the rules or orders in this behalf for the time being in force or in accordance with the terms of his appointment.

(2) Stoppage of pay of a Government servant at the efficiency bar Page 4 of 8 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Thu Jun 12 2025 Downloaded on : Thu Jun 12 21:33:02 IST 2025 NEUTRAL CITATION C/SCA/7306/2025 JUDGMENT DATED: 09/06/2025 undefined in the time-scale on the ground of his unfitness to cross the bar.

(3) Non-promotion whether in a substantive or officiating capacity of a Government servant to a service, grade or post for promotion to which he is in ordinary course eligible, on administrative grounds and not as a measure of penalty on the ground of his misconduct.

(4) Reversion to a lower service, grade or post of a Government servant officiating in a higher service, grade or post on the ground that he is considered, after trial, to be unsuitable for such higher service grade or post or on purely administrative grounds.

(5) Reversion to his permanent service, grade or post of a Government servant appointed on probation to another service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders of Government in this behalf for the time being in force.

(6) Replacement of the services of a Government servant whose services had been borrowed from Central Government or other State Government or any other authority, at the disposal of the Central or State Government or the authority from which the services or such Government servant had been borrowed.

(7) Compulsory retirement of a Government servant in accordance with the provisions of any law or rules for the time being in force relating to such retirement.

(8) Termination of Service-

(a) of a Government servant appointed on probation, during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders of Government in this behalf for the time being in force, or

(b) of a temporary Government servant on purely administrative grounds or

(c) of a Government servant employed under a contract in accordance with the terms of such contract.

NEUTRAL CITATION C/SCA/7306/2025 JUDGMENT DATED: 09/06/2025 undefined Rule 8(2) - A Disciplinary Authority competent under these rules to impose any of the penalties specified in Items [1 to 3]-Minor Penalties of Rule 6 may institute disciplinary proceedings against any Government servant for the imposition of any of the penalties specified in items (4) to (8) -Major Penalties of rule 6 notwithstanding that such disciplinary authority is not competent under these rules to impose any of the latter penalties."

6. Having considered the submissions made by learned Advocate for the petitioner and learned AGP for the respondent-State and having perused the Rules as above, this Court is inclined to accept the submissions made by the learned AGP more particularly since it clearly appears that the punishment meted out to the petitioner could not be categorized as a minor penalty. While Rule 6 of the Rules specifies the nature of penalties which could be imposed upon a Government employee and while the punishments which could be imposed starts with the heading "Minor Penalties", there is no specific categorization of Major Penalties. It would also require to be stated that Rule 6 of the Rules enumerates all the punishments that could be imposed under the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 including a punishment of dismissal from service which would be a disqualification for future employment under the Government. The punishments of dismissal, removal and compulsory retirement etc., could in no way be Page 6 of 8 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Thu Jun 12 2025 Downloaded on : Thu Jun 12 21:33:02 IST 2025 NEUTRAL CITATION C/SCA/7306/2025 JUDGMENT DATED: 09/06/2025 undefined termed as minor penalties and just because there is an ambiguity in not specifically categorizing "Major Penalties", the petitioner would not be entitled to claim that even the punishment of reduction to a lower scale of pay would be of minor penalty.

7. Furthermore, while Rule 6 of the Rules does not elaborate as to which of the penalties are major penalties, yet, Rule 8(2) of the Rules clarifies the situation, more particularly whereby while the Rules have specified the authorities empowered to issue punishment of specific category i.e. authorities empowered to issue major or minor penalties. Upon perusal of the said sub-rule, it becomes clear that penalties specified in Item Nos. (1) to (3) of Rule 6 have been categorized as minor penalties and punishment specified in Item Nos. (4) to (8) of Rule 6 have been categorized as major penalties. Though Rule 6 of the Rules is silent about which of the punishment as mentioned in the said Rule is a major penalty, yet, in the later parts of the Rules itself, i.e. in Rule 8(2) as noticed hereinabove Item Nos. (4) to (8) of Rule 6 have been categorized as major penalties.

8. The entire substratum of the submissions of learned Advocate Mr. Dave for the petitioner being that the punishment imposed upon the petitioner is a minor penalty, would not stand, more particularly since the Page 7 of 8 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Thu Jun 12 2025 Downloaded on : Thu Jun 12 21:33:02 IST 2025 NEUTRAL CITATION C/SCA/7306/2025 JUDGMENT DATED: 09/06/2025 undefined punishment of reduction to a lower time scale of pay, which has been imposed upon the petitioner, would be a punishment either under Item No. (4) or Item No. (5) of Rule 6. The punishment not having been imposed for any specific period, would specifically fall under Item (5) of Rule 6. Both Item No. (4) and Item No. (5) being major penalties, and the petitioner having been imposed with a penalty under the said items, the petitioner could not be deemed to be entitled to the benefit of higher pay scale, more particularly since the Resolution which the petitioner is relying upon, only speaks about minor penalties. The argument of learned Advocate Mr. Dave that since reduction to a lower time scale of pay is a minor penalty, therefore the petitioner would automatically be entitled for grant of higher pay scale, not being a valid argument, to this Court nothing further is required to be done ,and hence, the present petition stands disposed of as rejected in limine.

(NIKHIL S. KARIEL,J) BDSONGARA Page 8 of 8 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Thu Jun 12 2025 Downloaded on : Thu Jun 12 21:33:02 IST 2025