Natvarlal Amarshibhai Devani vs State Of Gujarat
2021 Latest Caselaw 12956 Guj

       C/SCA/7297/2021                                        ORDER DATED: 31/08/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 7297 of 2021
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                         NATVARLAL AMARSHIBHAI DEVANI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR RV DESHMUKH(300) for the Petitioner(s) No. 1
MR ROHAN SHAH, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1,2,3,4
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                      Date : 31/08/2021
                       ORAL ORDER

1. Rule. Learned AGP waives service of notice of rule for the respondent-State.

2. In the present writ petition, the petitioner has prayed for the following relief:-

"9B.This Hon'ble Court may be pleased to issue a writ of mandamus, certiorari or any other appropriate writ order or direction quashing and setting aside the charge sheet dated 22.08.2016 issued by the Director (P.&E.) (Annexure "E") holding that in the facts and circumstances of the case the departmental enquiry proceedings are without jurisdiction."

3. As the prayer would suggest that the petitioner is challenging the charge-sheet dated 22.08.2016 issued by the Director (P.&E.) initiating the departmental proceedings.

4. Learned advocate Mr.R.V.Deshmukh has submitted that the aforesaid charge-sheet is without jurisdiction, as the authority Director (P.&E.) is not competent to do so as the petitioner is a Class-II employee. Reference is also made by him to the judgment and order dated 21.01.2019 passed in Special Civil Application No.3747 of 2016, whereby the Coordinate Bench has set aside the orders/communication dated 21.11.2016 as well as the orders dated 01.02.2016 and 04.02.2016, whereby the petitioner was reverted to the post of Inspector (P.&E.) Class-III.

C/SCA/7297/2021 ORDER DATED: 31/08/2021

4.2. Learned advocate Mr.Deshmukh has further submitted that till today the petitioner is not reinstated as Class-II employee, but he is reinstated as Class-III. He has submitted that thus the judgment and order passed by the Coordinate Bench is not yet implemented and hence, the respondent authorities may be directed not to proceed further with the inquiry.

5. Per contra, learned AGP Mr.Rohan Shah has submitted that the petitioner is also facing criminal prosecution and hence, the departmental inquiry may not be stayed.

6. The fact, which is not in dispute, is that by the judgment and order dated 21.01.2019 passed in Special Civil Application No.3747 of 2016, the Coordinate Bench has set aside the reversion of the petitioner. The petitioner was reverted from Class-II employee to Class-III. The aforesaid judgment is neither stayed before the appropriate forum nor the petitioner has been reinstated to his original post.

7. It is not in dispute that as the Class-II post, which was held by the petitioner i.e. the Superintendent (Prohibition & Excise), the disciplinary authority would be the State Government for issuance charge-sheet.

8. In view of the aforesaid undisputed fact, during the pendency and final disposal of the writ petition, the departmental proceedings initiated pursuant to the charge-sheet dated 02.08.2016 are stayed.

(A. S. SUPEHIA, J) ABHISHEK