Gujarat High Court
Savitaben Kalubhai Patel vs The State Of Gujarat on 23 April, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/581/2025 ORDER DATED: 23/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 581 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 3165 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 581 of 2025
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SAVITABEN KALUBHAI PATEL
Versus
THE STATE OF GUJARAT & ANR.
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Appearance:
MR NAMAN K BRAHMBHATT(11307) for the Appellant(s) No. 1
MS. HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 23/04/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
The only submission made to challenge the judgment and order
dated 13.03.2025 passed by the learned single Judge is that all allegations
made against the original petitioner/appellant herein under the provisions
of the Prevention of Corruption Act, 1988 are false and concocted by the
complainant, who is having personal grudge against the petitioner.
2. Taking note of the above, it is pertinent to note that the proceedings
under the Prevention of Corruption Act are undertaken and the allegations
are yet to be proved. It is pertinent to note that in view of the ACB trap,
the petitioner caught red handed and she was arrested. This fact situation
is sufficient to pass the order of suspension dated 21.09.2022 suspending
the petitioner from working on the post of Sarpanch. The appellate
NEUTRAL CITATION
C/LPA/581/2025 ORDER DATED: 23/04/2025
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authority vide order dated 10.02.2025 confirmed the order of suspension.
3. The contention of the learned advocate for the petitioner that the
original order dated 21.09.2022 of suspending the petitioner had been
passed without granting opportunity of hearing, much less full
opportunity. The contention is that the original order dated 21.09.2022
had been passed in breach of principles of natural justice and this aspect
of the matter has been overlooked by the appellate authority while
passing the order dated 10.02.2025. All these submissions do not detain
us for the simple reason that the petitioner was caught red handed in ACB
trap and the allegations are under the provisions of Prevention of
Corruption Act. In such a situation, the petitioner cannot be allowed to
continue to work as Sarpanch and moreover, the only argument raised by
the petitioner is about the allegations being false and concocted, which
cannot be examined at this stage.
4. For the aforesaid, we do not find any error in the order passed by
the learned single Judge. The appeal stands dismissed, accordingly. The
Civil Application for stay also stands dismissed.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
C.M. JOSHI
