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Gujarat High Court
R.S. Rana vs State Of Gujarat on 16 March, 2026
NEUTRAL CITATION
C/SCA/14326/2017 JUDGMENT DATED: 16/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14326 of 2017
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 14326 of 2017
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT Sd/-
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Approved for Reporting Yes No
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R.S. RANA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR KB PUJARA(680) for the Petitioner(s) No. 1
MR. PANAM C SONI(7035) for the Petitioner(s) No. 1
MR. SIDDHARTH RAMI, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 16/03/2026
JUDGMENT
[1] Heard Mr. K.B.Pujara, learned advocate with Mr. Panam C.
Soni, learned advocate for the petitioner and Mr. Siddharth
Rami, learned AGP for the respondent - State.
[2] This Court, vide its order dated 20.01.2026, passed the
following order:-
"1. At the outset, Mr. K.B. Pujara, learned advocate with Mr. Panam
NEUTRAL CITATION
C/SCA/14326/2017 JUDGMENT DATED: 16/03/2026
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C. Soni, learned advocate for the petitioner pointed out to the Court that
during the pendency of the present petition, petitioner came to be
acquitted by 5th Addl. Sessions Court, Ahmedabad (Rural) in ACB Case
No.5 of 2010, whereby as per letter dated 30.01.2017 issued by
Gujarat Public Service Commission to respondent and in view of
Circular dated 19.04.2004 issued by General Administrative
Department of State, respondent is under legal obligation to review the
order of penalty, whereby 100% pension cut has been imposed.
2. Per contra, Mr. Siddhartha Rami, learned AGP is unable to
dispute the aforesaid development, which has taken place in the
matter; nonetheless, requested this Court to pass appropriate order.
3. Having heard the learned advocates for the respective parties
and considering the aforesaid development, which has taken place, the
respondent is hereby directed to review the order of penalty in light of
the judgment dated 28.08.2025 passed by 5th Addl. Sessions Court,
Ahmedabad (Rural) in ACB Case No.5 of 2010, whereby petitioner has
been acquitted from the aforesaid criminal case and in view of letter
dated 30.01.2017 issued by Gujarat Public Service Commission to
respondent, wherein it has been suggested for such review of the order
of penalty in a case where any decision given by Court concerned, and
the aforesaid Circular dated 19.04.2004 issued by General
Administrative Department of State also suggests the same recourse to
be adopted by respondent.
4. In light of the aforesaid, the respondent shall review its order
dated 12.07.2017 on or before 27.02.2026. It is hoped and trusted that
the respondent shall take into account the aforesaid aspects of the
matter and the case law made available on the file and accordingly,
decide the case of the petitioner within stipulated time as aforesaid.
The final decision of the Competent Authority of State shall be placed
on record by learned AGP on the next date of hearing.
Stand over to 03.03.2026."
[3] Apropos to the aforesaid order passed by this Court, the
respondent vide its order dated 05.03.2026 substituted the
earlier punishment impugned in this petition by passing a fresh
order of punishment, whereby the pension cut of Rs.5,000/- for
5 years is imposed as fresh punishment upon the petitioner.
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C/SCA/14326/2017 JUDGMENT DATED: 16/03/2026
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[4] Mr. K.B.Pujara, learned advocate for the petitioner would
submit that, reserving the liberty in favour of the petitioner to
challenge the aforesaid order dated 05.03.2026, the respondent
may be directed to release the arrears of pension after effecting
the fresh penalty imposed upon the petitioner.
[5] Per contra, Mr. Siddharth Rami, learned AGP for the
respondent, under the instructions, would state that reasonable
time may be granted to the respondent to calculate and pay the
arrears of pension after effecting aforesaid penalty.
[6] Having heard the learned advocates for the respective
parties and as the respondent itself has substituted the penalty
by imposing a fresh penalty whereby Rs.5,000/- pension cut for
5 years has been imposed. In that view of the matter, the rest of
the amount of pension requires to be paid to the petitioner.
[7] Accordingly, the respondent is hereby directed to calculate
the differential amount and pay all the arrears of pensionary
benefits by deducting amount of penalty, to the petitioner on or
before 15th May, 2026, failing which, the petitioner is entitled to
receive it with 6% interest per annum from 16 th May, 2026 till its
realization.
[8] Since the liberty is sought from this Court to challenge the
aforesaid order of penalty dated 05.03.2026, the same is hereby
granted. It is open for the petitioner to challenge the aforesaid
order of penalty dated 05.03.2026 passed by the respondent, in
accordance with law.
NEUTRAL CITATION
C/SCA/14326/2017 JUDGMENT DATED: 16/03/2026
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[9] In view of the aforesaid, the present petition is partly
allowed. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
[10] In view of the disposal of main matter, as a sequel, the
Civil Application would not survive and accordingly, it is also
disposed of.
(MAULIK J.SHELAT,J)
Lalji Desai
