Gujarat High Court
State Of Gujarat vs Arunkumar Jha on 16 June, 2021
Bench: R.M.Chhaya, Nirzar S. Desai
C/LPA/461/2021 ORDER DATED: 16/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 461 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 12524 of 2017
With
R/CIVIL APPLICATION NO. 1003 of 2021
In
LETTERS PATENT APPEAL NO. 461 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 461 of 2021
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STATE OF GUJARAT
Versus
ARUNKUMAR JHA
==========================================================
Appearance:
MR DHAVAN JAISWAL, AGP for the Appellant(s) No. 1,2,3
for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 16/06/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)
1. Heard Mr.Dhawan Jaiswal, learned Assistant
Government Pleader for the appellant - State.
2. In the facts of this case, the delay of 32 days caused
in preferring the Letters Patent Appeal No.461 of 2021 is
satisfactorily explained and accordingly the delay is
condoned. Civil Application No.1003 of 2021 for delay
stands disposed of.
C/LPA/461/2021 ORDER DATED: 16/06/2021
3. Being aggrieved and dissatisfied by the common
judgment and order dated 23.01.2020 passed in Special
Civil Application No.12524 of 2017, the State has
preferred this Appeal.
4. By way of the Writ Petition under Article 226 of the
Constitution of India, the respondent - original petitioner
challenged the departmental proceedings initiated by the
appellant herein inter alia praying as under:
"(A) YOUR LORDSHIPS be pleased to allow this
Special Civil Application in the interest of justice;
(B) YOUR LORDSHIPS be pleased to issue
appropriate writ, order or direction in the nature of
Mandamus, certiorari or any other appropriate
writ, order or direction quashing and setting aside
charge-sheet issued to petitioner vide
communication dated 30/07/2016, vide
communication no.KTHP / 25/2016/ 15/ E.1 and to
further quash and set aside the departmental
inquiry, if any contemplated against the petitioner.
(C) YOUR LORDSHIPS pending the admission,
hearing and final disposal of this application be
pleased to stay the execution and implementation
charge-sheet issued to petitioner vide
communication dated 30/07/2016, vide
communication no.KTHP / 25/2016/15/E.1 and
further to stay the departmental inquiry if any
contemplated against the petitioner.
(D) YOUR LORDSHIPS may be pleased to issue a
writ of mandamus or any other appropriate writ,
order or direction to release forthwith the
retirement benefits due to the petitioner on his
retirement on 31/7/2016 and to further make
immediate payment of gratuity and commuted
pension to the petitioner.
C/LPA/461/2021 ORDER DATED: 16/06/2021
(E) YOUR LORDSHIPS may be pleased to declare
the action of the respondents in issuing the charge-
sheet dated 31/7/2016 after an inordinate delay and
unexplained delay of 10 years as illega, violative of
Article 14 and 16 of the Constitution of India and
therefore null and void.
(F) YOUR LORDSHIPS may be pleased to pass
such other and further orders as may be deemed fit
in the facts and circumstances of the present case.
(G) YOUR LORDSHIPS may be pleased to award
costs of this petition to the petitioner." (emphasis
applied)
5. The learned Single Judge, after considering the facts
of the case, came to the conclusion that in issuance of the
charge-sheet delay is caused from the year 2006 to 2009.
The learned Single Judge has also noted the facts that the
respondent - original petitioner was working as Deputy
Executive Engineer at Ukai Sub Division and the charge-
sheet was given on 30.07.2016 to the private respondents
as well as another respondent - the petitioner of Special
Civil Application No.12522 of 2017. The learned Single
Judge relying upon the judgments of the Apex Court in
the case of Anant R. Kulkarni vs. Y.P.Education
Society and others reported in (2013) 6 SCC 515 and
in the case of UCO Bank and others vs. Rajendra
Shankar Shukla reported in (2018) 14 SCC 92 came to
the conclusion that there is gross delay in issuing the
charge-sheet and was pleased to allowe the petition and
quashed and set aside the charge-sheet dated
30.07.2016.
C/LPA/461/2021 ORDER DATED: 16/06/2021
5.1 It deserves to be noted that the State Government
while challenged the the common order passed in Special
Civil Application No.12522 of 2017 by way of Letters
Patent Appeal No.387 of 2021, the said appeal came to be
dismissed by way of order passed by the coordinate
Bench of this Court vide judgment and order dated
31.03.2021 wherein it is observed thus:
"Learned Single Judge after considering the
material facts and placing reliance upon the settled
law laid down by the Supreme Court regarding
initiation of disciplinary proceedings at a highly
belated stage, quashed the charge-sheet.
We also do not find any allegations that any forged
or Farzi bills were raised or any serious allegations
of misappropriation of funds. The only allegation
apparently is that the procedure prescribed was not
followed of tendering even though the delinquent
officer had the authority to direct the work orders
in cases which were urgent in nature. The alleged
work orders are of years 2006 to 2009, whereas the
proceedings have been initiated on the last day of
retirement on 30.7.2016 i.e. after almost 7 to 10
years.
We do not find any infirmity in the order of learned
Single Judge warranting interference in the appeal.
Appeal is accordingly dismissed. Civil Application
for stay also stands disposed of." (emphasis
applied)
C/LPA/461/2021 ORDER DATED: 16/06/2021
6. In the case on hand also, we are in total agreement
with the reasoning given by the learned Single Judge.
Hence, we do not find any error in the order which
requires any interference of this Court in exercise of
powers under Clause 15 of the Letters Patent Act.
7. For the reasons above, the appeal being meritless
deserves to be dismissed. It is dismissed accordingly.
Connected Civil Application for stay also stands disposed
of.
(R.M.CHHAYA, J)
(NIRZAR S. DESAI,J)
MISHRA AMIT V.
