Gujarat High Court
State Of Gujarat vs Gujarat Civil Services Tribunal on 16 September, 2025
NEUTRAL CITATION
C/SCA/7213/2015 ORDER DATED: 16/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7213 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 7351 of 2015
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STATE OF GUJARAT
Versus
GUJARAT CIVIL SERVICES TRIBUNAL & ANR.
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Appearance:
MR. HENIL SHAH, AGP for the Petitioner(s) No. 1-STATE
MR. MAYANK K TRIVEDI(7906) for the Respondent(s) No. 2
MR KK TRIVEDI(934) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 16/09/2025
ORAL ORDER
1. The present petitions are filed by the respective petitioners for seeking the following reliefs:
"[A] YOUR LORDSHIP may be pleased to admit and allow this petition.
[B] YOUR LORDSHIP may be pleased to issue an appropriate writ/order or direction to quash and set aside the order impugned dated 03/11/2014 in Appeal No. 153/2010 with Appeal No. 187/2012 annexed at ANNEXURE A thereby declaring it to be illegal and non est in the eyes of law.
[C] YOUR LORDSHIP may be pleased to call for the record and proceedings pertaining to the Appeal Nos. 153/2010 and 187/2012.Page 1 of 8 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:06:37 IST 2025
NEUTRAL CITATION C/SCA/7213/2015 ORDER DATED: 16/09/2025 undefined [D] Pending admission, hearing and final disposal of this petition YOUR LORDSHIP be pleased to stay the operation, implementation and execution of the order impugned dated 03/11/2014 in Appeal No. 153/2010 with Appeal No. 187/2012 annexed at ANNEXURE A. [E] YOUR LORDSHIP may be pleased to grant exparte ad interim relief in terms of para (9) [D].
[F] YOUR LORDSHIP may be pleased to pass such other and further relief in favour of the petitioners, as deemed just and proper, in the facts and circumstances of the case."
2. Since the petitioners in both the petitions as well as impugned judgment of both the captioned petitions are common, hence, at the request of learned advocates for the respective parties, the matters are heard together and decided together and Special Civil Application No. 7213 of 2015 is considered as lead matter.
3. Heard Mr. Henil Shah, learned Assistant Government Pleader for the petitioner-State and Mr. K.K. Trivedi, learned advocate for the respondent No.2.
4. Mr. Henil Shah, learned Assistant Government Pleader for the petitioner-State has drawn my attention towards the charge-sheet, finding of the authority in the departmental Page 2 of 8 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:06:37 IST 2025 NEUTRAL CITATION C/SCA/7213/2015 ORDER DATED: 16/09/2025 undefined posting and also finding given by the appellate authority in appeal and has submitted that in appeal, the authority has committed gross error in clubbing both the appeals and deciding the same by way of single judgment. He has also submitted that the appellate authority has committed gross error in law by interfering with the punishment imposed by the disciplinary authority by way of compulsory retirement and replacing the punishment with reduction of three increments in pay scale. He has submitted that looking to the allegation against the present petitioner, the authorities have, after giving proper opportunity of hearing to the parties and after following necessary procedure has reached to the conclusion that the present respondent is liable for the punishment of compulsory retirement and, there is no reason to interfere with such punishment looking to the grave misconduct of the present respondent. He has further submitted that appellate authority has also erred into entering into the merits by considering the minute details, which is against the settled position of law as the appellate authority is not required to enter into the merits of the matter and only to examine the proprietary and validity of the procedure, which is followed by the inquiry officer as well as disciplinary authority. He has further submitted that even punishment, which is replaced by way of reduction of three increment in pay scale is also without proper application of Page 3 of 8 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:06:37 IST 2025 NEUTRAL CITATION C/SCA/7213/2015 ORDER DATED: 16/09/2025 undefined mind as the petitioner had already superannuated when the impugned order was passed by the appellate authority and, therefore, such change of the relief also becomes ineffective. He has also contended that order of non-grant of compassionate pension to the present respondent is also not carried further by the present respondent; on this count also, the present petition is required to be succeeded.
5. Mr. K.K. Trivedi, learned advocate for the respondent No.2 has strongly opposed the same and, by drawing my attention towards the charges and finding of the inquiry officer as well as discipline authority and also finding of the appellate authority as well as averments made in the affidavit-in-reply filed by the respondent, he has submitted that as such, both the appeals are decided by the appellate authority which is by way of impugned order and the petitioner has already superannuated. He has further submitted that considering the charge; out of three charges, only one charge is found proved by the authority and the same pertains to the negligence in discharging the supervisory duty and, therefore, considering the nature of the allegation, the appellate authority has rightly come to the conclusion that the punishment, which is imposed, which is by way of compulsory retirement is highly disproportionate and required to be replaced by stoppage of three increments. Page 4 of 8 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:06:37 IST 2025
NEUTRAL CITATION C/SCA/7213/2015 ORDER DATED: 16/09/2025 undefined He has also submitted that considering the length of service of the respondent, the appellate authority has considered all the relevant aspects and reached to the conclusion that looking to the charge, which are proved against the respondent, the punishment is very harsh and disproportionate and, therefore, rightly replaced with the stoppage of three increments. He has further submitted that as such, now consideration of the petition has also become academic; by assuming everything against the present respondent, then also, granting of prayers of present petition will not serve any purpose and, therefore, by efflux of time, the present petition has become infructuous and, therefore, he prays to dismiss both the petitions accordingly. 6.1 I have considered the rival submissions made at the bar. I have also considered the fact that the petitioner has rendered 32 years of service. I have also considered the fact that there are three charges, out of them, two charges are not believed by the inquiry officer as proved; and the third charge is considered as proved which pertains to negligence in discharging the duty as supervisory authority. Even thereafter, the disciplinary authority deems it fit to award the punishment of compulsory retirement, against which, present appeals were preferred by the present respondent before the Service Tribunal, whereby the Tribunal has after Page 5 of 8 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:06:37 IST 2025 NEUTRAL CITATION C/SCA/7213/2015 ORDER DATED: 16/09/2025 undefined considering all the pros and cons come to the conclusion that the punishment is disproportionate as only one charge is proved which also pertains to the negligence in the duty by the respondent which he has to do as supervisory capacity and, therefore, this Court is also of the opinion that such harsh punishment looking to the charge which is proved against the present petitioner is certainly considered as disproportionate in the peculiar facts and circumstances of the present case. Considering the totality of the facts and circumstances of the case, as this Court is examining this petition by exercising powers under Article 227 of the Constitution of India, as essentially the petitioner is challenging the order of the Service Tribunal. The scope under Article 227 of the Constitution of India reads as under:
"Article 227 of the Constitution of India:-
227. Power of superintendence over all courts by the High Court (1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction.
(2) Without prejudice to the generality of the foregoing provisions, the High Court may--
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and Page 6 of 8 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:06:37 IST 2025 NEUTRAL CITATION C/SCA/7213/2015 ORDER DATED: 16/09/2025 undefined
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein:
Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision or any law for the time being in force, and shall require the previous approval of the Governor.
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.
[Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]"
6.2 It is now well settled position of law that the Court Page 7 of 8 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:06:37 IST 2025 NEUTRAL CITATION C/SCA/7213/2015 ORDER DATED: 16/09/2025 undefined while exercising power under Article 227 cannot replace or substitute the findings given by appellate authority and the Court can only consider the legality and propriety of such findings. I found no reason to interfere with the findings given by the authority. Moreover, by efflux of time, consideration of this petition has also as such become academic, but with a view to give some justifiable reasons, the Court has discussed the matter as discussed above, however, this Court is of the opinion that by efflux of time, prayers prayed in the present petition have also become infructuous. Accordingly, the present petitions are required to be dismissed on that count also and hence, the present petitions are hereby dismissed. Notice stands discharged.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 8 of 8 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:06:37 IST 2025