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
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AMRUTLAL RAMJIBHAI RATHOD
Versus
THE STATE OF GUJARAT & ORS.
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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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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
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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.
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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
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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.
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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
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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
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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
